( 1 ) THIS Chamber Summons is taken out by the plaintiff seeking exemption, under Order 22 Rule 4 (4) of the Code of Civil Procedure (for short the CPC), from substituting or bringing on record the legal representatives of the deceased defendant No. 4 and also for an amendment of the plaint to change the name of the plaintiff.

( 2 ) AS regards the prayer for amendment of name the plaintiff has pleaded that the name of the plaintiff company was changed subsequent to the filing of the suit. A copy of the fresh certificate of incorporation issued by the Deputy registrar of the Companies showing the amendment in the name is annexed to the Chamber Summons. In the circumstances I see no reason for not allowing the amendment of the plaint to change the name of the plaintiff.

( 3 ) AS regards the prayer for exemption from bringing on record the legal representatives of the deceased defendant No. 4, it may be noted that the defendant No. 4 died prior to 2nd September, 2005. On two occasions. e. , on 2nd september and 16th December, 2005 time was sought by the plaintiff for bringing the legal representative/s of the deceased defendant No. 4 on record. As no steps were taken even thereafter f

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