- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside orders dated 14.1.2014 [Annexure P/16] and 21.3.2014 [Annexure P/17] passed by Additional Civil Judge, Rajpura and Additional District & Sessions Judge, Patiala respectively whereby both the Courts below decided the application under Order 39 Rule 1 and 2 CPC thereby restraining the present petitioner from inducting new members of defendant No.1 illegally and unlawfully till the final decision of the case.
(2.) Relevant facts for the purpose of decision of present petition; that the petitioner Society is having total strength of 75 members and the matter regarding induction of new members remained pending since long. On 28.03.2010, the General Body of the society referred the matter to Criteria Committee for induction of new members. For the purpose of induction of new members, meeting of General Body was called on 22.12.2013 on the basis of notice dated 7.12.2013 and the agenda circulated for that purpose. But there was no item regarding induction of the new members of the Society. However, in the meeting held on 22.12.2013, the members present therein took up the matter regarding induction of new members without informing other members regarding the agenda which is against the principles of natural justice and against the settled provisions of law governing the Society.
(3.) Mr. Gurminder Singh, learned senior counsel for the petitioner submitted that in the meeting of General Body held on 13.02.2011, the report submitted by the Criteria Committee was rejected and the power was given to the President to induct the new members. Respondent No.1, Raj Kumar himself was signatory to the resolution dated 19.10.2010 and 13.02.2011.;