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Andhra Pradesh High Court
Judges : J.CHELAMESWAR
HYDERABAD CRICKET ASSOCIATION, SECUNDERABAD - Appellant
Versus
Cambridge Cricket Club - Respondent
Decided On : 09-03-02
Civil Matter - Civil Law - Civil Revision Petitions - Andhra Pradesh Public Societies registration Act, 1350 – Section 151 - Order 39, rules 1 and 2 - Orders 29 and 30 - order 1, Rule 8 – Fact of Society is an association of individuals which comes into existence with certain aims and objects - If it is not registered as a society under societies Registration Act, it would have character of a club or other association which cannot sue or be sued except in name of all members of the association or in name of secretary or other members of governing body on their own behalf and on behalf of other members of association under provisions of order 1, Rule 8, of Civil Procedure code - It would not be competent to a secretary or other members of governing body of club or association to sue or be sued alone in respect of matters in which association is interested even though authority in that behalf has been conferred on them by all members of association - Learned Counsel for respondent relied, upon a judgment of this court reported in wherein it was held as follows:"what becomes manifest from provisions is that non-registration of any association or society is of no significance and it would not therefore, prevent any Society from enforcing their rights by filing a suit in a Court of law nor is there any provision under Societies Registration Act which forbids or inhibits a non-registered society or association from enforcing any claim by filing a suit, in a Court of law against any society or association so registered - Respect to learned single Judge, I regret my inability to agree with him in background of earlier quoted authorities - Held, Court view, all these CRPs. , can be disposed of on a single ground that petitioners in each of above mentioned crps is an association of individuals without any existence in eye of law and therefore in court view incapable of suing or being sued - Only in recognition of this principle Code of Civil Procedure contains specific provisions - Orders 29 and 30 providing for procedure for which suits by or against corporations and partnership firms are required to be laid – In Court view, learned single Judge proceeded on wholly wrong premises in saying that there is nothing in "societies Registration Act which forbids or inhibits a non-registered society or association from enforcing any claim by filing a suit - Accurate statement of law in this regard is statement of Justice case (supra) society is an association of individuals which is neither a corporation nor a partnership nor an individual which apart from statute are only entities known to law as capable of suing or being sued - Vehemently asserted by learned counsel appearing for each of unincorporated clubs that under rules and regulations of HCA, such clubs are not required to be registered bodies - But that does not automatically enable such unincorporated clubs to seek protection of law as has been observed by Allahabad High Court - Court view of principle that an unincorporated body which has no existence in eye of law can neither sue nor be sued, opinion that all impugned orders are required to be set aside – Civil Revision Petition allowed .
( 1 ) ALL these civil revision petitions arise out of 3 O. P. Nos. 352,438 and 503 of 2002 on the file of the learned Chief Judge, City Civil court, Hyderabad. Separate Interlocutory application Nos. 842,925,926,927 and 1026 of 2002 are filed in the above mentioned o. Ps. , respectively. All the Interlocutory applications were disposed of by separate orders in I. A. No. 844 of 2002, common order in I. A. Nos. 925, 926 and 927 of 2002 and another order in I. A. No. 1026 of 2002 on the 1st day of May 2002.
( 2 ) AGGRIEVED by the above mentioned orders, various parties to the I. As. , preferred these civil revision petitions; the details of which would be adverted to at an appropriate stage in this order.
( 3 ) THE litigation revolves round the affairs of a registered society known as the hyderabad Cricket Association (hereinafter referred to as hca ) a body registered under the Andhra Pradesh (Telangana Area) Public Societies registration Act, 1350 Fasli (since repealed by Andhra Pradesh Societies Registration act, 2001 ).
( 4 ) THE HCA was formed mainly with the objects to promote, organise, manage and conduct the game of cricket and the area of the operation of this Society extends to 10 districts of Andhra Pradesh including the twin cities Hyderabad and Secunderabad popularly known as the Telangana Area . Various other objects are enumerated in the memorandum and Rules and Regulations of the said society, the further details of the objects may not be required for the purpose of this order. The said Society is affiliated to the Board of Control of Cricket in India.
( 5 ) CHAPTER II, Rule 2 deals with the definitions of various terms employed in the rules and Regulations of the Society. The relevant definitions for the purpose of this order are: Committee, Members, General body which read as follows;"committee shall mean the executive Committee of the association. MEMBERS shall mean and include patron-in-Chief, Patorns, Life members, Clubs and District associations functioning under the jurisdiction of the Association. GENERAL BODY shall mean and include representatives of the Clubs and District Associations who are members of the Association and Office-Bearers of the Association only. "
( 6 ) CHAPTER III deals With the membership, It provides for five categories of membership. They are: Patron-in-chief, patron, Member Club/district Association, life Member and Individual Member. Relevant for the purpose of this Order is the category of membership known as Member club/district Association, which reads as follows:"member CLUB/district association: any Club or District Association subject to the approval of the committee, may be enrolled as a member of the Association on payment of an entrance fee and an Annual subscription as determined by the committee from time-to-time. "
( 7 ) CHAPTER IV deals with the management of HCA. It prescribed that the association shall be managed, governed and controlled by the Committee elected by the general Body. It is provided under the rules that the members of the Committee shall hold the office for a period of two years except the Honorary Secretary.
( 8 ) AT the outset, it must be mentioned that among the various categories of membership provided under the rules and regulations the persons eligible to become members are either natural persons or artificial persons under the category of member Club/district Association. These members are artificial persons and there is nothing in these rules and regulations or nothing is brought to my notice in law which mandates that such clubs or the district Association are required to be legal persons ; in the sense, that they should be bodies which are registered under some law where composition of those bodies can be ascertained easily with reference to some public record.
( 9 ) THE election to the Executive committee of the HCA as per the rules is required to be held once in two years. Various office bearers are required to be elect
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