B MOOKERJEE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th 'October, 1985, passed by a Learned Single Judge of this Court on an application filed on behalf of the defendant No. 5 in Suit No. 296 of 1980, dismissing the said application, upon holding that the point sought to be raised by the defendant No. 5 could well be taken in his written statement and the Trial Court could decide the point, if urged, at the hearing of the suit.

(2.) Certain interesting points of law have been raised in this appeal, which has been preferred by the defendant No. 5 in the suit, which makes it necessary for us to set out the material facts leading to the filing of the above-mentioned application in the suit.

(3.) The defendant No. 1 in the suit, National Rubber Manufacturers Ltd., is an existing company within the meaning of the Companies Act, 1956. The defendant No. 5 claims to be the Managing Director of the defendant No. 1 company.