S CHATTERJI Vs. T B SARWATE

JUDGEMENT

(1.) THIS appeal raises practically the same questions of law and fact which arose in First Appeal No. 133 of 1956 decided by us today. The two suits had been tried together and were disposed of by a common judgment. The appeals were also heard together and as they raised common questions of law and fact, we are of opinion that for the reasons given by us in the other appeal, this appeal must also fail and be dismissed with costs.

(2.) THE only material difference between that appeal and this is that in this case, the plaintiffs were induced to part with Rs. 3,966/- for the following classes of shares by the fraud of the defendants Nos. 1 to 11. Numbers and Rate at which Total price paid Class of purchased. including shares. registration oradmission fees. 500 at Rs. 3/8 Rs. 1765/deferred shares of the face value of Re. 1/- each 200 at Rs. 11/-Rs. 2201/preference shares of the face value of Rs. 10/each,

(3.) THE claim was contested by the same set of defendants and the appeal is also by the same defendant No. 1 appellant.