(1.) THIS is a Letters Patent appeal against the decision of Bose, J. We agree with him that, the general principle is that any member of a voluntary association or society, who is not under any contractual or other obligation to perform some undertaking, can withdraw at any time he pleases, and that it is immaterial whether his resignation is accepted or not, unless the rules otherwise provide, as was held in Finch v. Oake (1896) 1 Ch. 409.
(2.) THE plaintiffs therefore ceased to be members when they tendered their resignations, and the defend ant-society had no power to impose fines on them because they thereafter traded in a way forbidden by the rules of the society.
(3.) THE imposition of the fines was ultra vires of the society and there, fore, as was held by Gruer, J., in this case on 25-3-1937, the civil Courts have jurisdiction to entertain these suits.