Law: Civil Procedure Code (V of 1908)

Section: 3(a),1,4(a)(b)5,13(d),7(c)

Law: Civil Procedure Code (V of 1908)

Section: 3(a),1,4(a)(b)5,13(d),7(c)

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.XXXIX Rr.1 & 2---Suit for declaration impugning order of Management Committee of an unincorporated social Club, (Karachi Gymkhana), whereby it decided that the number of permanent members of the Club be increased---Plaintiff sought interim injunctive relief in the form of suspension of said order and contended that said decision of the Management Committee was contrary to the Club Rules---Maintainability---Case turned primarily and essentially on the determination of the true meaning and interpretation of the relevant provisions of the Club Rules; which comprised of a written text and sought to establish and regulate the affairs of the Club---Determination of the true meaning and interpretation of a written text or document such as the Rules of the Club was a question of law, which ultimately fell within the jurisdiction of the courts---Such jurisdiction could not be denied since the courts were ultimate arbiters of all questions of law---Jurisdiction of the courts could not be ousted in relation to authoritatively pronouncing upon the legal meaning and interpretation of a document such as the Club Rules and the grievance of the plaintiffs was that the Management Committee had wrongly interpreted the said Rules; therefore it would not be proper to require them to approach the Management Committee in such regard---Matter fell within the jurisdiction of the court since it called for an authoritative interpretation of, and pronouncement upon, the Rules of the Club. D.M. Malik Jockey Club of Pakistan and others PLD 1960 Karachi 325 distinguished. Baker v. Jones and others [1954] 2 All ER 553 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX Rr.1 & 2---Specific Relief Act (I of 1877), S.42---Suit for declaration---Temporary injunction, grant of---Suit for declaration impugning order of Management Committee of a social Club, (Karachi Gymkhana") whereby it was decided that the number of permanent members of the Club be increased---Plaintiff sought interim injunctive relief in the form of suspension of said order on the ground that the same was contrary to the Club…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492