M.N.Roy, J. - (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;-- (a) A decree of declaration that the defendants have no right to convene any meeting for the amendment of the Club Rules of Mohan Bagan Athletic Club or Snecial General Meeting to be held as published in the Amrita Bazar Patrika on 22-3-1982. as their right to remain in office expired in 1980. (b) A decree' of declaration that the defendants' occupation as office-bearers and the members of Executive Committee of the Club on the expiry of Dec. 1979 and/or expiry of April 22. 1980 are illegal and they have no right under the Rules of the said Club to function as office bearers and as members of the Executive Committee, (c) Permanent injunction restraining the defendants from acting and/or functioning as office bearers and members at of the Executive Committee of the Club and/or holding the election of the Club (d) Permanent injunct'on restraining the defendants and/or their agents and/or their employees from taking step or Steps for holding any meeting for amending the rules of the Club till fresh Executive Committee members are elected according to law. (e) Administrator and/or Receiver be appointed for the purpose of running the management and administration of the Club. (f) Receiver. (g) Temporary injunction. (h) Cost of the suit. (i) Leave under Ordr 1 Rule 8 C. P. C. (j) and such and further order or orders as vour Honour may deem fit and proper, against the Respondents herein.
(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.;