International Tractors Ltd & Ors vs Punjab Tractors Limited & Ors on 29 February, 2016

FAO(OS) 587/2015 Page 1 of 13
No.6733/2011 under Order I Rule 10 CPC, Order VI Rule 17 CPC, Order
XXII Rule 9 CPC, Order XXII Rule 10 CPC and under section 151 CPC.
I.A. No.6733/2011 was preceded by I.A. No.6206/2011 filed by the
appellants seeking a declaration that the suit stood abated for the reason PTL
itself admitted it ceased to exist pursuant to the orders dated January 9, 2009
and January 16, 2009 passed by the High Courts at Bombay and Punjab and
Haryana sanctioning the scheme of amalgamation and since no application
under Order XXII Rule 3(2) CPC for bringing on record the legal
representative of PTL was filed within 90 days from the effective date of
amalgamation, being the period of limitation under Article 120 in the
Schedule to the Limitation Act, 1963, the suit stood abated on May 17, 2009
and could not be revived. Both these applications, that is, I.A.
No.6206/2011 filed by the appellants and I.A. No.6733/2011 filed by the
respondents, were decided by a common order dated September 8, 2015,
which has been impugned in the present appeal.

Source: Indian Kanoon

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