Amarendra Nath Sen, J.

1. This suit is an off shoot of the disputes amongst the partners of the well-known firm of Surajmull Nagarmull. Surajmull Nagarmull has been a partnership firm of repure and has been carrying on business on a very extensive scale. The members of the firm Surajmull Nagarmull have been controlling various companies and the firm of Surajmull Nagarmull had acted as Managing Agents of very many of the companies which are promoted by the said firm or the members thereof. It is unfortunate, though not uncommon, that disputes have arisen amongst the members of the said firm.

2. Deokinandan Jalan is one of the partners of the firm of Surajmull Nagarmull. He is also one of the Director's of Howrah Trading Co. Pvt. Ltd. This suit is essentially a suit Deokinandan Jalan. Originally there were four plaintiffs in the suit, the first plaintiff being Asiatic Oxygen and Acetylene Co. Ltd. The other plaintiffs were Surajmull Nagarmull, Howrah Trading Co. Pvt. Ltd. which Deokinandan Jalan. On behalf of Asiatic Oxygen and Acetylene Co. Ltd. which was originally the plaintiff No.1, the plaint was signed by Deokinandan Jalan as partner of Surajmull Nagarmull, the Managing Agents of Asiatic Oxygen and Acetylene Co. Ltd. Subsequently by an order made, the name of Asiatic Oxygen and Acetylene Co. Ltd. was deleted from the category of the plaintiffs and the said company was transposed to the category of the defendants. The firm or Surajmull Nagarmull, which was originally the plaintiff No.2, has now become the first plaintiff in the suit. Howrah Trading Co. Pvt. Ltd. is now the second plaintiff and Deokinandan Jalan, who happens to be the real plaintiff, is the third and the last of the plaintiffs. On behalf of Surajmull Nagarmull, now the first plaintiff in the suit, the plaint has been signed by Deokinandan Jalan as partner of the said firm. On behalf of Howrah Trading Co. Pvt. the plaint has been signed also by Deokinandan Jalan as Director of the said company.

3. There were originally twelve defendants in the suit of which four were companies viz., the defendant No.4, Asiatic Oxygen Ltd. the defendant No.10, Coochbehar Trading Co. Pvt. Ltd. the defendant No.11, Orient Trading Co. Ltd. and the defendant No.12, Raigarh Trading Co. Ltd. Of the other eight defendants who where individuals, some happen to be members of the film of Surajmull Nagarmull. Nandkishore Jalan, the original defendant No.8 who was a partner of the firm of Surajmull Nagarmull, died during the pendency of this suit, and the heirs and legal representatives of the said Nandkishore Jalan have been brought on record. As a result of the order striking out the name of Asiatic Oxygen and Acetylene Co. Ltd. from the category of the plaintiffs and transposing the said company to the category of the defendant Asiatic Oxygen and Acetylene Co. Ltd. is now one of the defendants in the suit and is the defendant No.13 hereunder. The said company is one of the main contenders in the present action. All the defendants excepting the defendant No.12, Raigarh Trading Co. Ltd., which bas not appe4fed at the trial, are contesting the present suit.

4. The case made out by the plaintiffs in the plaint filed herein, as it now finally stands after the amendments, may be conveniently set out.

5. In paragraphs 1 and 2 of the plaint the plaintiffs refer to the incorporation of the defendant No.13, Asiatic Oxygen and Acetylene Co. Ltd. as a public limited company and to the share capital to the said company of Rs. 7,00,000 consisting of 70,000 equity shares of Rs. 10 each, all fully paid up.

6. In paragraph 3 the plaintiffs state that at all material times the plaintiff No.1, Surajmull Nagarmull was and still is the Managing Agent of the defendant No.13, Asiatic Oxygen and Acetylene Co. Ltd. and under the Articles of Association of the said defendant No.13 the said plaintiff Surajmull Nagarmull is authorised to appoint up to but not more than one-third of the total number of Directo