JUDGMENT :

Sreenivas Harish Kumar, J.

Defendant No.1 in O.S.3678/2018 on the file of LXIII Additional City Civil & Sessions Judge, Bengaluru, has preferred this appeal challenging the order dated 25.08.2018 passed on application, I.A.I filed under Order 39 Rules 1 and 2 CPC.

2. The first respondent in this appeal became institution member of the appellant on 20.5.2010. The respondents 2 to 5 were nominated by the first respondent for using the facilities available to an institution member. The period of institutional membership was twenty years and membership was subject to fulfilling certain conditions of the bye-laws of the appellant club. One of the conditions was that the institution must be functional and in this regard member has to provide or furnish annual report certified by a chartered accountant to show that the company is in existence and it is carrying on its business. It was brought to the notice of the appellant that the first respondent became non-functional by closing its oil industry. It also owed a huge amount of money to the State Bank of Mysuru. Therefore the Executive Committee of the appellant on the basis of the information provided to it, kept the membership o