Unproven corporate successor status deprives third party standing defend suit existing entity
A third-party corporate entity seeking to intervene and defend a suit on behalf of a named defendant must adduce cogent, authentic evidence proving legal successorship or total extinction of the original entity. In the absence of conclusive proof that the original defendant has ceased to exist or cannot represent itself, a third party possesses no locus standi to step into its shoes. Bare claims of taking over business operations or paying charges voluntarily do not confer legal representation rights in pending suits. Unproven corporate successors remain strangers to the litigation and cannot force impleadment to defend claims asserted against existing entities. Representation requires established legal authority or recognized status as a real party in interest. Allowing interlopers to defend active corporate defendants undermines corporate governance and trial integrity. Litigation management requires proof of representative capacity before audience is granted. Without such proof, intervention requests fail at the threshold of maintainability. (NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah & Ors. | 2026 INSC 8)