Law:

Section:

(a) Trade organizations Ordinance (XLV of 1961)-------S. 9(f)---Amendment in Articles or Memorandum of Association by Trade Organization---Prior approval of appropriate Authority must be obtained for bringing any such change. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O. VII, R. 11--¬Trade Organizations Ordinance (XLV of 1961), Ss. 9(e) & 12---Suit for declaration and injunction---Rejection of plaint---Suit impugning amendments in Articles of Association made by Trade Organization and participation of a candidate in its election--¬Validity---Plaintiff was not a contesting candidate---Amendment in Articles of Association approved by Trade Organization could be challenged in terms of cl. (e) of S.9 of the Trade Organizations Ordinance, 1961---Plaintiff could challenge result of election within thirty days from the date of announcement and Director Trade Organization could annul election after being satisfied that any irregularity or illegality had been committed---Even interim injunction could be effectively solicited by Director Trade Organization---Plaintiff' having invoked provision of arbitration could effectively obtain remedy by pursuing same, thus, suit was barred under S.12 of the Ordinance---Bringing such matter in Court by member of registered association was deprecated---High Court rejected the plaint in circumstances. Macsons v. Chambers of Commerce and Industries Suit No. 1344 of 1999 and Abdul Razzak Rajwani v. M.Y: Industries Civil Appeal No. 13-K of 1986 rel. Abdul Razzak Rajwani v. Messrs M.Y. Industries R.A. No.87 of 1984; M. Waqar Mannoo v. All Pakistan Textile Mills Associate Suit No. 1346 of 1999; Messrs Macsons, Proprietorship Concern v. Chamber of Commerce and others Suit No.1264 of 2000; Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi PLD 1965 SC 698 and Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 ref. (c) Practice and procedure--- ----Where law provides a particular mechanism for impugning a particular action, then such remedy be availed in the matter provided for under the law itself. JUDGMENT C.M.A. No.6563 of 2002: Listed application under…

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