Honble KOKJE, J.–This is a petition challenging decision of the trial court re- jecting an application under Order 7 Rule 11 CPC r/w Section 151 CPC. The respon- dent has filed a suit against the petitioners styling it to be a suit for declaration, injunction and cancellation of original shares and issuing duplicate shares. It was contended in the plaint that M/s Eternit Everest Ltd. is a Company which had floated a public issue of its shares which was being managed by M/s M.C.S. Ltd. The plaintiff had purchased 300 shares which were recorded in the plaintiffs name in the recor- ds of the company. It is further contended in the plaint that the shares certificates issued by the Company to the plaintiff were lost and are not traceable to the plaintiff. It was further contended that the plaintiff wanted to sell those shares and for that purpose he contacted certain Brokers from Bombay and the plaintiff had signed transfer deeds also for the purpose of forwarding the same to the share bro- kers for sale of the shares. It is stated that the share certificates alongwith transfer deeds have been lost. When the shares were not traceable the plaintiff served a notice on the defendant callin

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