( 1 ) THIS appeal is from the order of Mukherjee, J. dated 24 July, 1968.

( 2 ) THE order was passed on the notice of motion taken out by Brahmaputra Tea Co. Ltd. , inter alia, for an order that Brahmaputra Tea Co. Ltd. be added as a party.

( 3 ) THE learned Judge was pleased to hold that the Brahmaputra Tea Co. Ltd. was neither a necessary nor a proper party and therefore was not entitled to be added as a party to the suit.

( 4 ) THE suit to which Brahmaputra Tea Co. Ltd. applied to be added as a party was instituted in the month of November, 1965. The plaintiff Turner Morrison and Co. Ltd. filed this suit against Hungerford Investment Trust Ltd. The plaintiff in the suit claimed a decree for Rs. 1,27,67,052. 16 and a declaration that the plaintiff has a first and paramount lien and charge on 2,295 shares in the plaintiff company held by the defendant and on all dividends payable to the defendant in respect thereof, for the aforesaid sum and for possession of the said shares and a decree directing the sale of the shares and appropriation of the proceeds of sale in protanto satisfaction of the claim of the plaintiff. Broadly stated the plaintiff's claim is that the plai