JUDGMENT

BADAR DURREZ AHMED, J.

1. Three interesting questions arise for consideration in these applications. They are:

(1) Whether a merging company, upon merger with another company and thereby ceasing to exist as an independent entity, could be construed as having "died" upon such merger in the context of Order 22 of the Code of Civil Procedure, 1908?

(2) If yes, would a suit filed by the transferor company abate in case no application for bringing its legal representatives on record is filed within the stipulated time in view of the provisions of Order 22 Rule 3 of the Code of Civil Procedure, 1908?

(3) Whether the transferee company, after the merger referred to above, would be entitled to file an application under Order 22 Rule 10 of the Code of Civil Procedure, 1908 and seek substitution in place of of the transferor company as a plaintiff in a suit?

The Facts:

2. The facts which give rise to these questions are few. The present suit was filed by Bank Kreiss AG, a company incorporated in Germany. The suit was filed on 02.03.1999. During the pendency of the suit Bank Kreiss AG merged with and into Yapi Kredi Bank AG. The merger deed was executed on 27.08.2001 and becam