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Premier Poly Processors L.L.P. vs. LRs. of Modi Lal & Ors.

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Code of Civil Procedure, 1908–Order 22, Rule 10–Limited Liability Partnership Act, 2008–Sec. 58(1) r/w. Sec. 151 C.P.C.–Rejection of application for impleadment of ownself–Justification–Case of petitioner that by operation of law, newly constituted firm has come into existence at the place of erstwhile company–Therefore, by virtue of the provisions of Act of 2008, all the assets, liabilities and litigations etc. have devolved in the present firm–If the name of old defendant is kept existed, it would be like keeping a name of dead person in the cause title–Application deserves to be allowed by treating
it under the provisions of Order 22, Rule 10.