Jitendra Bohra (Associate) 01 December 2014
In a declaration suit, proceedings against all of the defendants is ex parte. One of the defendants at the institution of suit was a partnership firm but later converted into a company. As a plaintiff I came to know about this development later.
What is the procedure to add this new company as a defendant in the suit?
Is company law or partnership law have any such provision? Or CPC (Order 1 Rule 10) has the answer?
Please cite some case laws, if any?
T. Kalaiselvan, Advocate (Advocate) 06 December 2014
You have to go by the status at the time of institution of the suit and should not worry about the later developments until and unless the same is challenged.
Jitendra Bohra (Associate) 07 December 2014
Thank You Sir!
It means I shall let the proceedings proceed as they are. Need not to file any application or to show any proof of conversion before the Hon'ble Court to add it as a separate party to the suit.
So, if, in case, the decree will come in my favor then can I proceed to execute it on the company or need to add the company at the time of execution proceedings.
Regards
Jitendra
T. Kalaiselvan, Advocate (Advocate) 07 December 2014
at the time of execution of decree, you may address the respondent in the same words as 'partnership firm' but add 'now company' to the existing cause title.
Jitendra Bohra (Associate) 07 December 2014
Thank you Sir!
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