R LAKSHMIPATHY Vs. MADRAS GYMKHANA CLUB

JUDGEMENT

(1.) THIS C. M. A. is filed by the plaintiff in O. S. No. 8572 of 1995 (petitioner in I. A. No. 17184 of 1995), pending before the Second Assistant judge, City Civil Court , Madras . The suit was originally filed before this Court and numbered as C. S. No. 1756 of 1996, but in view of amendment regarding jurisdiction of courts, the same was transferred to the City Civil Court , Madras .

(2.) THE suit filed by plaintiff is to declare Rule XI (0 of the Rules and Bye-laws of the Madras Gymkhana Club to the effect that' In any event, no reinstatement will be permissible before the expiry of six months from the date of such posted member settling his outstandings' as contrary to law, not valid and binding on the plaintiff, and also for a declaration that the letter dated 24. 10. 1995 of the said Club addressed to plaintiff is illegal, contrary to Rules, not valid and binding on the plaintiff, and for a consequential injunction directing the defendant to restore the membership of the plaintiff and confer all benefits available to a member of the defendant-Club, and for costs of suit.

(3.) THE court below, as per the impugned Order, dismissed the application. It is against the said Order, the present C. M. A. is filed.