( 1 ) THE facts in this case are shortly as follows : On or about 19th day of April, 1961 the respondent No. 1 Haridas Mundhra filed a suit in this Court being Suit No. 600 of 1961 (Haridas Mundhra v. Mrs. Mary Therese Turner and Ors.) for specific performance of an agreement relating to the sale of 51 per cent ordinary shares in Turner Morrison and Co. Private Limited and for other reliefs. In the plaint of the said suit, it was alleged as follows: J. G. turner, M. F. Turner and one A. G. Turner held the entire controlling interest in Hungerford Investment Trust Limited, the third defendant in the suit. The Hungerford Investment Trust Ltd. , controlled the entire share capital of M/s. Turner Morrison and Co. Private Ltd. , the 4th defendant in the said suit. On the 29th November, 1955 Mundhra made an offer to purchase 49 per cent of the entire issued capital of the said M/s. Turner Morrison and Co. Private Ltd. On the 8th December, 1955 the said Hungerford Investment Trust Ltd. , accepted the said offer. It was inter alia agreed between the parties that not only would Mundhra be entitled to purchase 49 per cent of the issued capital in the said company but that he sha