A. Hazarika, J.

1. This is an appeal under Section 96(2) of the Code of Civil Procedure, by the Appellants/Defendants No. 1 the Reliance Capital and Finance Trust Ltd. and other two Defendants i.e. Defendant 2 and 3, who are the Secretary of Defendant No. 1, the Reliance Capital and Finance Trust Ltd. and the Registrar and Transfer Agent of Defendant No. l respectively, against the ex-parte judgment and decree dated 1.6.98 passed in Title Suit No. 203 of 1994 by the Civil Judge (Sr. Div.) No. 1, Kamrup, Guwahati decreeing the suit in favour of the plaintiff, for realisation of Rs. 1,28,000/- from the Defendants No. 1, 2 and 3, jointly and severally with cost of the suit.

2. Material facts giving rise to this appeal are, The Defendant No. 1 being the company, registered under the Companies Act, 1956 and deals with the allotment of share, equity shares and debentures through its agent had floated shares in the market. The plaintiff being a broker dealing in shares and debentures in the stock market had applied for 1000 Rights Shares from the Defendants vide Form No. 0115029 dated 4.1.93 by paying the value of shares amounting to Rs. 10,000/- through cheque which the Defendants