ASHOKE KUMAR DAW Vs. GOBINDA CHANDRA DEV

JUDGEMENT

(1.) The Respondents in this proceeding, are the members of Mohan Bagan Athletic Club and the office-bearers of the same. They convened a Special General Meeting of the club. for amending the Rules for the purpose of increasing the subscription. The appellants, who are also the members of the club, filed Title Suit No. 551 of 1082. before the learned 8th Bench of the City Civil Court at Calcutta, for the following prayers;--

(2.) In that Suit, the right of the Respondents to amend the Rules of the Club was challenged and it was also claimed that those Respondents have no right to continue as office bearers of the Club.

(3.) In the Suit, the appellants also filed an application. praying amongst others, for an order of iniunction restraining the respondents herein, not to give effect to any amendment and such application was allowed on 29th March 1982. It has been stated that thereafter. the appellant No. 1 and not the appellant No. 2. was served with a notice at about 2 P. M. on 6-4-1982. from Messrs. Dutt & Sen. Solicitors for the Respondents herein, for moving an application under Clause 13 of the Letters Patent, for transfer of the concerned Suit under Section 24 of the Civil P. C. The, appellants have stated that because of the shortness of time it was not possible for the appellant No. 1 to attend the Court of D. K. Sen. J.