Change of company name does not defeat pending proceedings; amendment of the cause title is permissible after the name change.

A company's change of name does not create a new legal entity or affect its rights, obligations, or pending proceedings. Under Section 11(6) of the Indian Companies Act, 1913, legal proceedings initiated in the former name may continue after amendment of the cause title to reflect the new name. The provision is not confined to proceedings against the company and preserves the continuity of execution and litigation despite the name change. The objection based on Order XXI, Rule 16 of the Code of Civil Procedure, 1908 was rejected, and amendment in the new name was held permissible.

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Issues: Whether, after a company changes its name under the Companies Act, proceedings initiated in its former name can be continued in the new name by amendment of the cause title.

Analysis: Section 11(6) of the Indian Companies Act, 1913 makes it clear that a change of name does not affect the rights or obligations of the company and does not render legal proceedings defective. The change of name does not alter incorporation or legal status, and the permissive wording of the provision is not confined to proceedings against the company alone. If the company could execute a decree in its former name, it may continue to do so in its new name after the change. The provision therefore supports amendment of the proceedings to reflect the new name, and the objection that a different legal person had come into existence was not accepted.

Conclusion: The amendment was permissible and the company could continue the proceedings in its new name; the objection based on Order XXI, Rule 16 of the Code of Civil Procedure, 1908 failed.

Ratio Decidendi: A mere change of a company's name does not create a new legal entity or affect its rights, obligations, or pending proceedings, and the company may continue existing proceedings in its new name.

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