( 1 ) THIS appeal is directed against the judgment and order dated November 29, 1973, directing, inter alia, the respondents Pramotha Nath Mukherjee and Monoranjan Mukherjee to be added as parties to the Company Petition No. 398 of 1972 and granting leave to the said respondents to continue the said company petition and all proceedings thereunder, and further directing the original petitioner, Dilip Kumar Ganguli of the said Company Petition No. 398 of 1972, to be transposed to the category of respondents and all consequential amendments to be carried out in the cause title of the said company petition.

( 2 ) THE said company petition was filed on October 3, 1972, by the original petitioner, Dilip Kumar Ganguli, who was at all material times and still now is a shareholder of the Jalpaiguri Cinema Company Ltd. , an existing company within the meaning of the Companies Act, 1956, under Sections 397 and 398 of the Companies Act, 1956.

( 3 ) THE company was incorporated under the Indian Companies Act, 1913, in 1948. One of the promoters of the company was Nagendra Nath Ganguli. The company started construction of a cinema hall, but failed to continue the construction for pa