Jyotirmay Bhattacharya, J.

This first appeal is directed against the judgement and decree passed by the Learned Judge on 16th May, 2011 in Title Suit No. 951 of 2011 at the instance of the defendant No.3/appellant.

2. By the said decree, a declaration was given in favour of the plaintiff to the effect that the plaintiff is the rightful owner of the bonus share of the defendant No.2 as described in the schedule 'B' of the plaint. A decree for permanent injunction was also given in favour of the plaintiff and thereby restrained the defendant No.2 from transferring the suit shares and/or dealing with bonus share.

3. Challenging the said judgement and decree, another appeal has also been filed by the defendant No.1 The said appeal is registered as FA 10 of 2013. Since both the appeals arise out of a common judgement and decree and the parties to these appeals are identical, we have decided to hear both the appeals simultaneously to avoid conflict of decision.

4. Let us now consider the merit of both the appeals hereunder.

5. These are the appeals which in our view, can be decided only on the point of law without even considering the factual aspects.

6. The plaintiff filed the suit