2004 (7) TMI 374

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....ellant/plaintiff has filed the appeal under section 96 of the CPC against the judgment and decree dated 10-8-1994 passed in Civil Suit No. 85-A/93 by 2nd Additional District Judge whereby the suit for declaration and injunction of the appellant was dismissed. 2. The case of the appellant/plaintiff is that the appellant has purchased the share of 11,000 from M/s. Sidharth Tubes Ltd. each share h....

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.... has failed to prove the loss of the share certificates and the transfer deed. The learned Trial Court has further held that M/s. Sidharth Tubes Ltd. was entitled to pay the amount of the dividends to the persons in whose name the share was issued and the plaintiff is not entitled to get the injunction and declaration prayed by him. 4. This fact is rightly not disputed that the share belonged t....

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..... 5. The plaintiff has not made the shareholders or the brokers from whom he has purchased the shares as a party in suit. The plaintiff has not filed any papers to show that the shareholders or the brokers from whom the shares were purchased have informed the defendant M/s. Sidharth Tubes Ltd. about the sale of the shares to the plaintiff. According to the contract between the defendant M/s. Si....