1. The defendant, who is the respondent before us, was at alt material times a shareholder of the plaintiff company who are the appellants. The plaintiff company filed a suit, out of which this appeal arises, to recover from the defendant a sum of Rs. 4,835/- being the amount due in respect of calls made by the company and interest thereon. The contention of the defendant was that the call was not validly made. That contention was accepted by the trial Court which proceeded to dismiss the plaintiffs suit. The appellants have now come in appeal.

2. At a meeting of the board of directors held on 3-3-1948 the directors resolved that a further call of Rs. 40/- per share on B Class shares of the company and a notice of one month be given to all B class shareholders to pay the same. The B class shares are of the face value of Rs. 50/- and Rs. 10/- were paid up, and the defendant held 100 B class shares of this company.

Another meeting of the board of directors was held on 22-6-1948 and at this meeting the minutes showed that the opinion of the directors was divided as to the manner of requiring the calls to be paid, and the evidence of the manager, Mr. Sa-mant, on this point is th