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    <title>1981 (8) TMI 240 - CALCUTTA HIGH COURT</title>
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    <description>A suit instituted against a company after its dissolution was held incompetent because a dissolved company has no legal personality and cannot be sued. The court treated the pleading as naming the non-existent dissolved entity, not as a curable misdescription, because the cause title expressly identified that company and the reference to Government control did not convert the defendant into the Government of India. As the defect went to the root of maintainability, amendment could not revive the proceeding. The dismissal under Order 7 Rule 11 of the Code of Civil Procedure, 1908 was therefore upheld.</description>
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    <pubDate>Thu, 06 Aug 1981 00:00:00 +0530</pubDate>
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      <title>1981 (8) TMI 240 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=186548</link>
      <description>A suit instituted against a company after its dissolution was held incompetent because a dissolved company has no legal personality and cannot be sued. The court treated the pleading as naming the non-existent dissolved entity, not as a curable misdescription, because the cause title expressly identified that company and the reference to Government control did not convert the defendant into the Government of India. As the defect went to the root of maintainability, amendment could not revive the proceeding. The dismissal under Order 7 Rule 11 of the Code of Civil Procedure, 1908 was therefore upheld.</description>
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      <pubDate>Thu, 06 Aug 1981 00:00:00 +0530</pubDate>
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