MAULVI ANWARUL HAQ, J. --- Review of judgment dated 26.9.2000 of this Court whereby R.S.A. No. 185/81 was dismissed, is being sought.
2. Learned counsel contends that there was an inherent lack of jurisdiction of this Court inasmuch as the suit ' filed by the respondent No. 1 proceeded to question the proceedings of a public Company and at the relevant time of virtue of Section 86 of the Companies Act, 1913, the jurisdiction exclusively vested in a Company Bench of this Court. He also questions the de-exhibition of Ex.D.2 as according to him the copy was obtained from the judicial records of the suit filed against respondent No. 2 by the petitioners and was exhibited there. He then requests that it is a fit case for piercing veil of incorporation, as it will be disclosed that respondent No. 2 was the sole master of the affairs of the Company. Questions of statement of respondent No. 3 to the effect that the meeting in which Ex.D.2 was passed was never held. He has also tried to question the findings recorded by this Court on their merits.
3. I have gone through the available records. So far as the first objection is concerned, I find that it was never raised before the learned Trial Court, the first Appellate Court and then in the R.S.A. I am not, therefore, inclined to, review the judgment on the said ground. Even otherwise I find that it was a suit filed for a declaration in respect of the property claimed to be owned by the Company, the title whereof was being denied by the applicants and it cannot be said that it was a case of the indoor management of the Company. So far as Ex.D.2 is concerned, the reasons upholding its de-exhibition have been stated in the judgment and further it has been observed that even if the same was to be considered it stood negated by the document Ex.P.3. So far as the said 3rd contention is concerned, there is no occasion for piercing the said veil as the case has been decided on the basis of evidence available on record. No case for review of the said judgment within the meaning of 'Order XLI, Rule 1, C.P.C stands made out. The R.A. Is accordingly dismissed in limine. .