In this Originating Summons the plaintiff has sued the defendant company praying for several declarations to the effect that he is the righful owner of 195 shares relating to some 90 shares in the company issued to him and some 210 shares issued jointly to him and his mother on 28.6.1986 which were withdrawn by company's Board of Directors on 23.2.1986 and for consequential orders. The Originating Summons was filed on 10.6.1991.

In 1986 in Civil Suit No. 22-44-86 the plaintiff, his mother and one other had sued the defendant company and four others, and this is not disputed, in respect of the same matter. On 7.4.1991 there was a consent order entered into by the parties to the suit and the order reads thus -

"IN THE HIGH COURT IN MALAYA AT ALOR SETAR

CIVIL SUIT NO. 22-44-86

Between

Gulzar Mohamed bin Saudagar Din

Ali Mohd. bin Buuta

Fatimah Bibi binti Chatra ... Plaintiffs [2]

And

Saudagar Din Brothers Limited

Najar Din Al-Haj b. Chattra

Sar Dar Mohd. bin S.Din

Najjah Naimtey bt. Sher Mohd.

Hasimati Bibi bt. Sudar Mohd. ... Defendants

Order

Before The Honourable Mr. Justice

Mohd. Ariff bin Dato' Othman,

Judge, High Court Malaya,

This 7th day of April, 1991 In Open Court.

U