Law: Civil Procedure Code (V of 1908)

Section: 151

  Civil Procedure Code (V of 1908)--- ----S.151---Application under S.151 praying that order of suspension of the membership of the applicant as member of asocial club be suspended till the final disposal of suit---Applicant who was member of a social club, while he was playing bridge in the bridge room of the club, was asked by the Honorary Secretary of the Club to remove his car from "no Parking area"---Applicant denied the allegation of wrong parking of car and offered the keys of the car to the Secretary of the Club to remove the car himself---Managing Committee of the Club subsequently suspended the membership of the applicant as member of the Club for 90 days---Applicant, apart from a suit against such order, filed application for suspension of order suspending appellant's membership from the Club---Held, there was clear and unequivocal bias on account of the members of Managing Committee claiming to be eye-witnesses of the incident, if nothing else---Honorary Secretary and the members of the Managing Committee were witnesses of the incident and there were elections on the day of incident and therefore, the applicant had a prima facie case and balance of convenience was also in his favour---Allegation against the applicant, even if it was true, was of trivial nature, which in the ordinary circumstances, would not have resulted in the suspension of the membership of Club for 90 days---Period of suspension was almost over and hardly 8 days remained in completion thereof hence no harm would be caused to the discipline of the Club if the order of suspension of the applicant was suspended of the remaining period---Order of suspension was ordered to be suspended till further orders. Halsbury's Laws of England, IVth Edn. ref. Federation of Pakistan v. Muhammad Akram Shaikh P L D 1989 S C 689 distinguished. Bias--- --- Clear and unequivocal bias. Mansoorul Arfin for Plaintiff. M.L. Shahani for Defendants. ORDER This is an application under section 151 C.P.C. praying that the order of suspension of the membership of the plaintiff be suspended till the final disposal of this suit:   Briefly stated the case of the plaintiff is that on…