1. The defendant has filed the present application for recalling/
modification of the order passed by this Court dated 17th August, 2023
wherein this Court dispensed with for lodging of fresh Writ of Summons
as the Counsel for the defendant has accepted the notice of amended
plaint.
2. The main contentions raised by the defendant in the present
application is that the Counsel for the defendant has accepted the
amended plaint and documents and this Court dispense with for
lodging of Writ of Summons but on scrutiny of the amended plaint, the
defendant came to know that the plaintiff by way of amendment has
only changed the name of the defendant company but the plaintiff has
not amended the address of the defendant company in the cause tittle
even the plaintiff had the knowledge of the correct address of the
defendant.
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