- (1.) BY this revisional application, the plaintiff/petitioners impugned order No. 34 dated 2. 9. 92 passed by the learned Munsif, Jalpaiguri in O. C. Suit No. 29 of 1987 rejecting the petition of the plaintiffs under section 151 of the C. P. C.
(2.) IN a brief conspectus the: fact of the case is, as alleged, that the new shares issued by the defendant/company are not according to law and no occasion arose for issuing such new shares. In issuing such charges the defendant malafide attempted to convert majority shareholders into minority share-holders. So a suit by the plaintiff for declaration that the decision of the board of the defendant/company dated 19th May, 1986 and the purported offer of the defendant company dated 6th January, 1987 and the purported decision of the Board of the defendant company dated 10th february, 1987 and the purported modified order dated 28th February, 1987 in respect of the right shares are illegal, wrongful, without jurisdiction, ultra vires the Act and the Articles of Association of the defendant company, for Receiver, injunction, costs etc. and the same was registered as O. S. Suit No. 29 of 1987 in the Court of Munsif, Jalpaiguri.
(3.) THE suit was contested by the defendant company by filing a Written statement denying all the material allegations in the plaint and the learned munsif dismissed the suit on contest with costs.;