( 1 ) THIS is a suit in which the plaintiff seeks to establish his title to a bunch of 26752 ordinary shares in the defendant company. The Company and one Ramapada Gupta in whose name the shares are registered in the books of the company have been impleaded as defendants.

( 2 ) THE plaintiff who was born in Iraq came over to India some years prior to 1938 and started business in medicine first under the name and style of Albert David Bros, and then of Albert David and Co. In 1938 the plaintiff promoted a private company which in 1948 was converted into a public company. To this company in 1938 the plaintiffs business of Albert David and Co. was made over. The company was given the same name. Till September 1954, the plaintiff and his wife owned more than 90 per cent. of the ordinary shares. The plaintiff was also the largest holder of preference shares. Under the Articles, only the ordinary shares had voting rights. To become a director, one need not hold any share at all. The plaintiff was the Managing Director for life under the Articles and under an agreement entered into between the company and the plaintiff pursuant to the Articles.

( 3 ) AT the beginning