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ALLAHABAD HIGH COURT
Sri Kripa Shankar, J
State of U. P. – Appellant
Versus
M/s. Jaya Shree Textile and Industries Ltd. – Respondent
| Table of Content |
|---|
| 1. foundation of the suit and defendants. (Para 1 , 2 , 3 , 4 , 6 , 10) |
| 2. the necessity of amendment in light of amalgamation. (Para 11 , 12 , 14 , 36) |
| 3. continuity of liabilities post-amalgamation. (Para 35 , 39) |
| 4. justness of allowing amendments to the plaint. (Para 40) |
| 5. outcome of revision. (Para 41) |
1. This is a plaintiff's revision directed against order dt. 4-4-1981 by Sri Kripa Shankar III Addl. Civil Judge Kanpur in Original Suit No. 144 of 1977 by which he rejected the application paper No. 22 Kha 1 of plaintiffs under O.6, R.17 of the Civil P. C. for amendment of the plaint and upheld the objection of respondents paper No. 24 C2.
2. Suit No. 144 of 1977 was filed in the court concerned on 31-3-1977. The plaintiffs were State of U. P. and U. P. State Textile Corporation Ltd.
3. Defendant was M/s. Jaya Shree Textile and Industries Ltd. having its registered office at Rishra, district - Hooghly, West Bengal.
4. The suit was for recovery of Rs. 5,62,558.53P. together with interest pendente lite and future at 12 per cent per annum. Costs of the suit were also claimed.
5. It was alleged that State of U. P. had appointed plaintiff No. 2 its nominee for the supplies o
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