Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Companies Act (VII of 1913)

Section: 38

Civil Procedure Code (V of 1908), O. I, r. 9-Club registered under Companies Act (VII of 1913)-May be sued against in Club's name through Secretary-President or members of Managing Committee not necessary or proper parties-Civil Procedure Code (V of 1908), O. XXIX, r. 2-Companies Act (VII of 1913), S. 38 fRatan Lal, Advocate v. Jagadhri Light Railway Co. Ltd. and others A I R 1946 Lab. 193 ref.]   Club-Expulsion of member-Suit by member expelled against club contesting expulsion-When maintainable.   Held that the suit contesting expulsion from membership of a club is maintainable and that the civil Courts have jurisdiction to entertain the suit as well as to grant relief if the following conditions laid down in judicial authorities are found to be present.   A club is an autonomous institution and a Court of law will not lightly interfere with its action in expelling a member unless it has violated the recognised rules of procedure in that connection or those of natural justice. Interference by the Court to prevent expulsion would not be justified if the rules providing for expulsion have been strictly observed, the member has had due notice, and full opportunity of answering the charges made against him there has been no want of good faith in the exercise of the powers of expulsion, and the decision arrived at is not manifestly absurd. The important question is whether there has been due enquiry.   V. N. Bhajekar v. K. M. Shinkar and others A I R 1934 Bom. 243; Ramkumar Potdar v. Sholapur Spinning and Weaving Company Ltd. A I R 1934 Bom. 427; Ambala Sarabhai and others v. Phiroz H. Antia A I'R 1934 Bom. 35; Royal Calcutta Turf Club, Calcutta v. Kishan Chand Manchanda A I R: 1942 Lab. 179; Shiv Ram Ratta v. The Punjab Textile Mills Ltd. and others P L D 1949 Lab. 143; N. D. Qureshi v. Abbotabad Club Ltd. and others P L D 1950 Pesh. 55; Faridsons Ltd. v. The Karachi Cotton Association Ltd. P L D 1956 Kar. 315 and D. M. Malik v. Jockey Club of Pakistan and others P L D 1960 Kar. 325 ref.   Club-(Expulsion of member)----Opportunity of a hearing before calling upon member to resign-Essential-Natural justice Rule requiring recording…