Rectification of share register refused where disputed facts required detailed investigation beyond summary company jurisdiction.

Rectification of the register of members is a discretionary summary remedy and is not suited to disputes turning on serious, controverted questions of fact. Where the issues include the extent of shareholding, alleged indebtedness, the validity of forfeiture, and the manner in which the accounts were maintained, the matter requires detailed investigation and cannot safely be decided in summary company jurisdiction. In such circumstances, rectification is refused and the parties are left to pursue a regular civil suit for adjudication of the factual controversy.

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Issues: Whether a petition for rectification of the register of members could be entertained under the summary jurisdiction where the parties raised serious and controverted questions of fact.

Analysis: The petition invoked the summary remedy for rectification of the share register, but the dispute depended on contested factual questions, including the extent of shareholding, the existence and extent of indebtedness, the validity of forfeiture, and the circumstances in which the relevant accounts were maintained. The statutory remedy was treated as discretionary and suitable for non-controversial matters or cases needing immediate relief, not for disputes requiring detailed investigation. Where the controversy is complex and evidence is insufficient for safe adjudication, the proper course is to leave the parties to a regular civil suit.

Conclusion: The petition was not maintainable for summary adjudication and the Court declined to grant rectification in these proceedings.

Final Conclusion: Relief was refused because the dispute was too controversial and fact-intensive for summary company jurisdiction, leaving the parties to pursue a regular suit.

Ratio Decidendi: Rectification of the register under the summary company jurisdiction may be refused where the matter turns on serious disputed questions of fact requiring detailed investigation, and the party must then seek adjudication in a regular civil action.

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