MUKTA GUPTA, J.

1. Punjab Tractors Limited (in short PTL) filed a suit being CS (OS) No.470/2004 alleging infringement of the copyright in certain engineering drawings against the International Tractors Ltd. (in short ITL) also impleading Deepak Mittal and L.D. Mittal, Joint Managing Director and Chairman of ITL as defendant Nos. 2 and 3 respectively. During the pendency of the suit, PTL merged with Mahindra & Mahindra Limited (in short MML) under the scheme of amalgamation in terms of section 394 (3) of the Companies Act. The scheme became effective on February 16, 2009, when certified copy of the scheme sanctioned by the High Courts at Bombay and Punjab & Haryana was filed with the Registrar of Companies, Jalandhar, Punjab. Though, scheme became effective from February 16, 2009, MML filed an application of substitution in place of PTL being I.A. 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