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2003 Supreme(Ker) 273

PIUS C.KURIAKOSE
Mayfair Knitting Industries Ltd. – Appellant
Versus
Sanuja Moideen – Respondent


Judgment :-

1. A company formerly named Mayfair Knitting Industries Ltd. and presently named "Mayfair (Bombay) Ltd." represented by its power-of-attorney holder Sri. T.P. Gopinath is the revision petitioner. Copy of the power-of-attorney and certified copy of the Board Resolution dated 16.10.2000 will convince anybody that the Company presently known as "Mayfair (Bombay) Ltd." came to be rechristened as such in place of its original name "Mayfair Knitting Industries Ltd." and that the said company has duly authorised Sri. T.P. Gopinath to represent the company. The revision petitioner is aggrieved by the order passed by the trial court dismissing I.A. 2606 of 2000, an application filed under O. I, R.10 CPC for striking out the name "Mayfair Knitting Industries Ltd." and substitute the same with the present name of the company "Mayfair (Bombay) Ltd." in the cause title.

2. I have gone through the impugned order. Technically, the learned Subordinate Judge had some justification for dismissing the application. But I cannot approve of the observation of the learned Subordinate Judge that since the original Director, the actual signatory to the plaint, died on 27.3.1998 and "no impleadme


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