Law: Civil Procedure Code (V of 1908)

Section: 8 , 1 , 2 , 4

  Civil Procedure Code (V of 1908)--- ----0.1, R.8 & OXXXIX, Rr.l, 2 & 4---Specific Relief Act (I of 1877), Ss.42 & 54---Sindh Sports Board Ordinance (VIII of 1980), Ss.2(a)(b), 4, 6, 11 & 12-- Suit for declaration and ,permanent injunction---Maintainability of---Defendant Association earlier got itself registered with plaintiff Board which was a Statutory Body---Subsequently, plaintiff Board in exercise of its powers vested in it under S. 12 of Ordinance, 1980, by a Notification suspended/superseded registration/membership of defendant Association on account of misconduct, misappropriation of funds by its office-bearers and also because of no confidence motion against its office-bearers---Despite suspension/super-session of defendant Association one of the defendants was still holding himself out as representative/officer-bearer of the defendant Association and was misusing its affiliation with plaintiff Association---Plaintiff Board filed suit for declaration and permanent injunction against defendants which was resisted on ground that defendant Association was not a registered Body as such no suit could be filed against it without permission of the Court---Plaintiff or a defendant could, under O. I, R. 8, C.P.C. seek permission of Court  to  sue  or  be  sued  only  in  a  representative   capacity---Suit against defendants having not been filed by plaintiff Board in a representative capacity, nothing in law could exonerate defendant Association, even if same was unregistered, of any liability or exempt it as privileged body from being sued for it would defeat ends of justice-- -Had such been the case, an unregistered Association would have free licence to indulge in all sorts of illegal activities---Contention of defendants that suit against them was not maintainable, was repelled in circumstances. Rangal Shah v. Mula Jadal PLD 1960 Kar. 512 and Saleh Muhammad and 2 others v. Haji Jumma Khan Agha and 4 others 1983 SCMR 587 ref. Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l, 2 & 4---Sindh Sports Board Ordinance (VIII of 1980), Ss.ll & 12---Ad interim injunction, its grant…