CA
6980 Points
Joined January 2010
As per sub-section (1) of section 372 it is mentioned that “Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, ……..”
Hence, an advocate may be appointed on behalf of the applicant and file a petition. The rules of petition / plaint are governed by CPC, 1908 and not ISA, 1925.
Regarding applicability of succession to a company, the main feature of the company form of business is its eternity. There is no death to the company, though its members or directors may die in between. Within the life of the company there may be several successors in the management of the company.
You may please specify for what purpose the respondents which are the body corporates filed petition against your Company for succession certificate.