SABYASACHI MUKHARJI, J.

( 1 ) THIS is an appeal from an order and judgment passed by Ajay K. Basu, J. , dated 1st June 1976 dismissing the suit on an application made by National Insurance Co. , Ltd. under Order 7 Rule 11 of C. P. C. It appears, that a suit was instituted by the plaintiff/appellant against Ruby General Insurance Company Limited. In view of the contentions raised it would be appropriate to set out the description of the defendant in the cause-title which reads as follows:--"ruby General Insurance Company Limited of which the management is vested in the Government of India by the provisions of the General Insurance (Emergency Provisions) Act 17 of 1971 having its registered office at Ruby House at 6, India Exchange Place, Calcutta-1 within the aforesaid jurisdiction. "

( 2 ) THE cause-title indisputably mentions the provisions of General Insurance (Emergency Provisions) Act 17 of 1971. The suit in question was filed on the 18th Sept. 1975. In para 2 of the plaint it has been stated that the defendant, a public limited company carrying on business in General Insurance, was taken over and its management was vested in the Government of India by virtue of the provisions

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