( 1 ) THIS appeal is directed against the judgment and order dated 8th 'october, 1985, passed by a Learned Single Judge of this Court on an application filed on behalf of the defendant No. 5 in Suit No. 296 of 1980, dismissing the said application, upon holding that the point sought to be raised by the defendant No. 5 could well be taken in his written statement and the Trial Court could decide the point, if urged, at the hearing of the suit.

( 2 ) CERTAIN interesting points of law have been raised in this appeal, which has been preferred by the defendant No. 5 in the suit, which makes it necessary for us to set out the material facts leading to the filing of the above-mentioned application in the suit.

( 3 ) THE defendant No. 1 in the suit, National Rubber Manufacturers Ltd. , is an existing company within the meaning of the Companies Act, 1956. The defendant No. 5 claims to be the Managing Director of the defendant No. 1 company.

( 4 ) THE defendant No. 1 owned two factories and/or undertakings, one of which is located at Tangra, Calcutta, and the other at Kalyani in the District of Nadia. By two notifications dated 23rd December 1977, and 10th February, 1978, re