Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 10,11

Law: Law Reforms Ordinance, 1972

Section: 3

Karachi Gymkhana Rules and Byelaws--- ----Rr.13 (e) 30---Civil Procedure Code (V of 1908), S. 10 O.VII, R.11---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Declaration and injunction---Rejection of plaint---Membership, suspension of-plaintiff was member of Karachi Gymkhana Club and during suspension of his membership, Club authorities co-opted to fill up vacancy of appellant-plaintiff---Single Judge of High Court rejected the plaint on the ground that it was barred under S.10, C.P.C.---Validity-plaintiff was neither disqualified by General Body as envisaged in R.13(e) of Karachi Gymkhana Club Rules and Byelaws, nor his suspension under R. 30 of Karachi Gymkhana Club Rules and Byelaws could be construed as such nature of vacancy which was to be filled up by co-option---Period of suspension was maximum for 180 days, therefore, appellant-plaintiff could not be co-opted by any other member---High Court set aside order of co-option as the same was illegal exercise of authorities by the club (respondents-defendants)---Club and its Managing Committee was to act fairly, justly and reasonably, in the best interest of the Club and not individuals---Under the garb of judicial proceedings, there was no absolute privilege to level bald, sweeping and scandalous allegations, which could be construed as libelous, bearing consequences---Necessary of all members of Club, including appellant-plaintiff to adhere to Rules and Byelaws of the Club and maintain harmonious environment---Division Bench of High Court set aside order passed by Single Judge of High Court and suit was restored---Intra Court Appeal was allowed accordingly. Iqbal Umer and others v. Karachi Gymkhana, through Secretary 2017 CLC Note 173 p. 192; Karachi Gymkhana and others v. Usman Ahmed Ansari and others 2020 MLD 1073; Mirza Bashir Ahmed and another v. Habib and 6 others 2006 MLD 148; Principal, King Edward Medical College, Lahore v. Ghulam Mustafa and others 1983 SCMR 196; Major (Retd.) Ahmed Nadeem Sadal and 3 others v. Federation of Pakistan through Secretary Sport, Islamabad and 3 others 2015 CLC 34 and Muhammad Yousuf and others v. Government of Sindh and others 2017 CLC Note 159, p.177…

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