( 1 ) THIS appeal is from the judgment and order of Datta, J. , dated 23rd April 1908.

( 2 ) THE order was made on the summons dated 4th September 19 (37 taken out by Jagannath Gupta and Co. Private Ltd. inter alia for the orders first, that the respondent Mule-hand Gupta the petitioner in Company Petition No. 158 be restrained from taking by himself his servant and agents or otherwise any further proceeding upon the said petition whether by advertising the same or otherwise, secondly, that the said petition be removed from the file of the proceedings and thirdly, for payment of costs.

( 3 ) IN support of the summons there is an affidavit of Bidya Bhusan Gupta affirmed on 4th September 19g7.

( 4 ) MULCHAND Gupta who preferred the Company Petition No. 158 of 1967 filed an affidavit in opposition affirmed on 13th November 1967. Bidya Bhusan Gupta fifed an affidavit in reply affirmed on 20th November 1967. There are further affidavits of Mulchand Gupta affirmed on 27th March 1968 and of Bidya Bhusan Gupta affirmed on 20th April 1968.

( 5 ) BIDYA Bhusan Gupta stated in his affidavit in support of the summons that the company from its inception carried on business in mangane