krishna (Law officer) 06 December 2010

application to join as a party

Plaintiff co. was converted into another co. And So plaintiff co. came to an end. Plaintiff filed an application under order 1 rule 10 of civil procedure code for joining new co. as co-plaintiff, which was rejected by court. Plaintiff has not filed any revision in appellate court against the order. Now evidence & argument is over. Defendant argued that as the plaintiff co.is not in existence & new assigned co. is not a party to the suit. Suit is liable to rejected. Is it so? If YES than citations. IF No then citations also.

Reply Follow

2 Replies

niranjan (civil practice) 06 December 2010

If the contract was by the old company,the pltff.co.cannot withdraw. Suit does not deserve tobe dismissed.

SACHIN AGARWAL (ADVOCATE) 10 December 2010

In this matter the application under order 1 rule 10 C.P.C. was not advisible. It might have been amendment application under order 6 rule 17 C.P.C. for change of name and also to introduse the details of the agreement between the old co. and the new co.

Still yu can apply for reagruments and then can move an application for amendment of Plaint.