REKHA RANJAN RAI Vs. DATAMATICS FINANCIAL LIMITED

JUDGEMENT

(1.) Plaintiffs are appellants. They filed Title Suit No. 14 of 1994 for injunction, restraining defendant from transferring the value/price of the share certificate held by them to any other person. Plaintiffs purchased share from defendant Company through its Unit Master Gain, 1992. They handed over their respective share certificate to a broker for realisation of the present price/sale value from the defendant, which were lost on 29.1.1994 by the said broker.

(2.) The broker lodged station diary entry No. 651, dated 30.1.1994 and wrote letter to the defendant on 1.2.1994. But defendant asked the broker to obtain necessary prohibition order from competent Court to enable it to put permanent 'stop transfer' mark on the above share.

(3.) Plaintiffs filed the present suit. Seristadar of the court pointed out a number of defects therein. The plaint did not disclose the fact showing that the Court of Munsif. Bermo at Tanughat had a jurisdiction to entertain the suit.