- (1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.11.2012 passed by learned Civil Judge (Jr. Divn.), Hisar whereby applications under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (in short "the CPC") filed by the petitioners-defendants no.4 and 5 for rejection of plaint with alternative prayer for treating issues no.4 and 5 as preliminary issues, have been dismissed.
(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent no.1-plaintiff had 2000 shares of Jindal Ferro and Alloys Ltd. The said Company merged with Jindal Strips Ltd. Hisar. The plaintiff submitted his 2000 shares of Jindal Alloys for conversion into 900 shares of Jindal Strips Ltd. The company sent 900 shares of Jindal Strips Ltd. to the plaintiff by registered post on 17.04.1997. The plaintiff sold these shares on receipt but wrote letter dated 19.07.1997 to the Company that he had not received said 900 shares. The company replied vide letter 11.09.1997 that those 900 shares have already sent to the plaintiff and out of 900 shares, 800 shares have already sent to the plaintiff and out of 900 shares, 800 shares have already been submitted by different persons for transfer. Petitioner no.1-defendant no.4 purchased 15000 shares of Jindal Strips Ltd. through National Stock Exchange. On applying for transfer of those shares, the company informed that signatures on 500 shares do not tally. Petitioner no.1 through petitioner no.2 its broker, approached National Securities Clearing Corporation Ltd. (in short 'NSCCL') for replacement/rectification of shares. Though, NSCCL admitted claim, but vide letter dated 01.08.2001 expressed inability for payment as selling broker has been declared as defaulter. On 31.12.2004, petitioner no.1 filed petition under Section 111-A(2) of the Companies Act, 1956 before the Company Law Board, New Delhi seeking directions to the Company to register the transfer of shares.
(3.) On 16.03.2007, respondent no.1-plaintiff filed suit against respondents no.2 to 4 for declaration with consequential relief of mandatory injunction. It has been mentioned in the plaint that the plaintiff submitted 2000 shares of Jindal Ferro and Alloys Ltd. and requested defendants no.1 to 3 to send converted 900 shares of Jindal Strips Ltd., as per his entitlement but defendants no.1 to 3 told the plaintiff that they have already sent the certificates to plaintiff on 17.04.1997, but the plaintiff did not receive these certificates. The plaintiff lodged complaint in the Police Station, Saraswati Vihari, Delhi on 14.01.1998 regarding loss of these share certificates and wrote to defendants no.1 to 3 for issuance of duplicate share certificate, but defendants no.1 to 3 did not send duplicate certificate to the plaintiff. It is the case of the petitioners that in the plaint the plaintiff did not disclose about institution of proceedings before the Company Law Board and filed civil suit concealing the material facts and without even impleading the petitioners as parties to the suit.;