SANJEEV SACHDEVA, J.

FAO 90/2017 & CM Nos.7097/2017 (stay), 7099/2017 (additional documents), 8246/2017 (additional document), 13314/2017 (additional document)

FAO 103/2017 & CM Nos.8143/2017 (leave to appeal), 8144/2017 (stay) and

CM(M) 603/2017

1. These two Appeals (FAO 90/207 & FAO 103/2017) and the Petition under Article 227 of the Constitution of India (CM(M) 603/2017), impugn order dated 30.11.2016 of the Court of the Additional District Judge, whereby the learned Judge has rejected the application, under Order VII rule 11 of the Code of Civil Procedure (CPC) filed by the Delhi Gymkhana Club Limited (Appellant in FAO No. 90/2017), (hereinafter referred to as ‘the Club’) and petitioner in CM (M) No.603/2017 and has allowed the application under Order XXXIX Rules 1 & 2 CPC filed by the respondents - Alok Mehndiratta & Others (Plaintiffs in the subject Suit), (hereinafter referred to as ‘the Plaintiffs). FAO 103/2017 has been filed by some members of the Club who, though not parties to the Suit, are aggrieved by the directions issued, by the impugned order, on the application under Order XXXIX Rules 1 & 2 CPC.

2. The Plaintiffs – Alok Mehndiratta & Others had filed the subject Suit against the Club seeking the following relief’s: -

“(a) Pass a decree of declaration, declaring the grant of permanent memberships of those UCPs/Green Card Holders who were granted permanent memberships in precedence to prior regular applicants in NG category as contrary to the AOA and, therefore, void;

(b) Pass a decree of mandatory injunction, directing the Defendant Club to terminate the membership of those UCPs/Green Card Holders who were granted permanent memberships in precedence to prior regular applicants in NG category as contrary to the AOA;

(c) Pass a decree of declaration, declaring the Plaintiffs to be entitled to permanent membership as per the original waiting list and the terms of the AOA;

(d) Pass a decree of mandatory injunction, directing the Defendant Club to rectify its record of membership and record the date of grant of membership to the Plaintiffs to the date on which they would have been granted memberships, if they had not been illegally superseded by the UCPs/Green Card Holders;

(e) Pass a decree of declaration, declaring that the children of the Plaintiffs were entitled to be treated as Green Card Holders/UCPs and other consequential benefits/privileges on the basis of their age as on the date of the ratified record of membership of the Plaintiffs;

(f) Pass a decree of mandatory injunction, directing the Defendant Club to confer UCP/Green Card Holder status or Membership on the children of the Plaintiffs, based on their eligibility in terms of prayer ‘e’.

(g) Pass a decree of permanent injunction restraining the Defendant Club from granting permanent memberships to UCPs/Green Card Holders before prior regular Applicants in the NG category.

(h) Pass a decree of mandatory injunction, directing the Defendant Club to grant permanent memberships strictly in accordance with the AOA;

(i) Award the costs of the Suit in favour of the Plaintiffs and against the Defendant.

(j) Grant such other and further relief as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

3. The Plaintiffs are permanent members of the Club, having been accorded permanent membership under the Non-Governmental category (hereinafter referred to as the NG Category).

4. The Club is a Limited Company incorporated under the provisions of the Indian Companies Act, 1956 having its registered office in Delhi. The Club was allotted a perpetual lease of a plot of land in the year 1928. As per the Articles of Association of the Club (hereinafter referred to as AOA), 50% of the membership has to be issued to the Government employees while remaining 50% of the membership has to be given to persons, who are not in Government service, referred to as the ‘NG Category’ As per the Articles of Association, the total membership is 5600 to be div