THIRUMALA BABU Vs. KANTEERAVA NARASIMHARAJA SPORTS CLUB

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent No.1.

(2.) These two appeals are filed against the order passed by the Trial Court in O.S.No.295/2020 dtd. 11/12/2020 and O.S.No.265/2021 dtd. 16/7/2021, respectively in allowing the I.A. filed under Order 7 Rule 11(a) and (d) read with Sec. 151 of CPC for rejection of the plaint and confirmation of the said order by the First Appellate Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court in a suit filed by the plaintiff challenging his termination from the membership of the Club dtd. 29/2/2020, it is specifically contended that the termination made by the respondent Club is erroneous and the same is not in compliance with the principles of natural justice. It is also specifically contended that the termination is also bad in law and even extracted the procedure to be adopted in terminating him and the same is not in terms of the byelaw. The byelaw of the Club under Rule 10 is also extracted in the plaint and also contend that the same is not in consonance with the byelaw, only Rule 10(f) to be invoked if it is complied under Rule 10(e), that there must be 3/4th majority while terminating him and not having the majority of 3/4th while passing such an order of termination as contemplated under sub clause (e) of byelaw No.10. Hence, filed a suit seeking the relief of declaration to declare that the impugned notice of termination of the plaintiff from the defendant's Club dtd. 29/2/2020 is in gross violation of the byelaws of the Club and the same is null and void and also to declare that the act of the defendants jointly and severally in terminating the plaintiff under the notice of termination without suspending him first is in gross violation of the byelaws of the Club and as against the very basic principles of natural justice and also sought for damages and also sought to restrain the defendant from terminating the plaintiff, who is a permanent member vide membership No.T015 of the Mysore Sports Club, permanently by a decree of permanent injunction.