1. The 3rd defendant is the appellant. Defendants 3 to 5 were Directors of the 1st defendant company. Item No. 4 in the agenda of the annual general meeting of that company held on 23rd March 1961 was the election of three Directors in the place of defendants 3 to 5 who were due to retire. Defendants 3 to 5 sought re-election and it was resolved in that meeting that there should be separate elections to the three posts. The first election was to fill up the vacancy to be caused by the retirement of the 5th defendant. The plaintiff was a candidate, and he contested the election, but was defeated, and the 5th defendant was elected. Then two shareholders moved a resolution that the election of the two other Directors may be postponed. The chairman disallowed the motion. Thereafter the plaintiff was proposed as a candidate to fill up the vacancy to be caused by the retirement of the 3rd defendant. But the chairman ruled that he was not qualified to stand as a candidate as he was already defeated in the contest with the 5th defendant. In the election the 3rd defendant was declared elected. The suit was for a declaration that the proceedings of the meeting as regards the elec