https://www.taxtmi.com/caselaws?id=220651 Amalgamation of a plaintiff company does not automatically cause abatement of a pending suit under Order XXII Rule 3 CPC, because merger is a case of devolution of interest rather than the death of a party. Where rights and liabilities pass to the transferee company during litigation, the proper course is to consider continuation of the suit under Order XXII Rule 10 CPC. The successor's entitlement must be examined on a prima facie basis through inquiry into devolution, and procedural rules should not be applied to defeat substantive justice. The impugned order was set aside and the matter remitted for determination of the person entitled to continue the suit as successor-in-interest. en-us Thu, 17 Jan 2013 00:00:00 +0530 Sat, 02 Feb 2013 12:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=220651 Amalgamation of a plaintiff company does not automatically cause abatement of a pending suit under Order XXII Rule 3 CPC, because merger is a case of devolution of interest rather than the death of a party. Where rights and liabilities pass to the transferee company during litigation, the proper course is to consider continuation of the suit under Order XXII Rule 10 CPC. The successor's entitlement must be examined on a prima facie basis through inquiry into devolution, and procedural rules should not be applied to defeat substantive justice. The impugned order was set aside and the matter remitted for determination of the person entitled to continue the suit as successor-in-interest. Case-Laws Companies Law Thu, 17 Jan 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=220651