Malini Ganesh v. Simplex Infrastructures Limited
Case brief
What is this about?
Maintainability of review; error apparent on face of record; Order 47 Rule 1 CPC scope; review not appeal in disguise; substitution of company representative and correction of cause title in C.R.P.No.3285 of 2024; character, responsibility and liability unchanged by substitution of authorised signatory/Assistant General Manager for Executive Chairman; S.151 CPC and Order VI Rule 17 CPC raised by party-in-person caveator; Madras HC Rev.Appl.No.112 of 2025 dismissed, no costs; cited Tamil Nadu Fireworks and Amorces Manufacturers Association (Rev.Appl.(MD).No.148 of 2014 dated 19.09.2014) and Malleeswari vs. K.Suguna (2025 SCC Online SC 1927).
What did the court decide?
Substitution of the representative of the defendant company (Assistant General Manager/authorised signatory in place of the Executive Chairman) does not change or alter the character, responsibility or liability of the defendant, which remains the Company represented through its changing officers; it is the representative character alone that is substituted, and the Assistant General Manager defended the suit throughout on behalf of the Company.