Payment made by petitioner after being declared defaulter.

This C.M.A. is filed by the plaintiff in O.S.No.8572 of 1995 (petitioner in I.A.No. 17184 of 1995), pending before the Second Assistant Judge, City Civil Court, Madras. The suit was originally filed before this Court and numbered as C.S.No. 1756 of 1996, but in view of amendment regarding jurisdiction of courts, the same was transferred to the City Civil Court, Madras.

2. The suit filed by plaintiff is to declare Rule XI (0 of the Rules and Bye-laws of the Madras Gymkhana Club to the effect that ‘In any event, no reinstatement will be permissible before the expiry of six months from the date of such posted member settling his outstandings’ as contrary to law, not valid and binding on the plaintiff, and also for a declaration that the letter dated 210. 1995 of the said Club addressed to plaintiff is illegal, contrary to Rules, not valid and binding on the plaintiff, and for a consequential injunction directing the defendant to restore the membership of the plaintiff and confer all benefits available to a member of the defendant-Club, and for costs of suit.

3. The material averments as seen in the plaint are that the plaintiff is a member of the member of the defendant-Club and he is an Institutional Member, and he had been in enjoyment of the Membership for the last 17 to 18 years. It is said that the defendant is a registered Society under the Societies Registration Act, 1860 and it is governed by its own Rules and Regulations and Bye-laws. Rule 11 deals with payment of membership fee and the consequence of default. A procedure is also provided as to how the membership will cease and the conditions on which a defaulted member shall cease to be a member till reinstatement. It is further said that the plaintiff has got a very good status in society. He is the publisher of a leading Tamil newspaper ‘Dina Malar’ and he is also the President of various Educational Institutions. It is further said that the plaintiff, from the very inception of the Club, became a Member, and he has been very regular in paying the Bills, etc. Plaintiff has further said that on an average, he was paying Rs.4,000 to Rs.5,000 per month to the Club. It is said that the bill for the month of August, 1995 aggregating to Rs.629 fell due, which the plaintiff came to know only in the last week of October, 1995. According to the plaintiff, the accounting period is from 21st of each month to 20th of next, and if it is not settled as per Rule XI (c), a demand shall be made on the member, on or after the last date of the month for payment of dues within seven days, and the demand is to be made by registered post, and in the event of non-payment by that date, the Committee may post such member as a defaulter from such date, in some conspicuous place in the club in which ease his name shall automatically be removed from the list of members and the fact notified by registered post. However, the member can request for reinstatement after payment of all his outstandings. At the discretion of the General Committee, the reinstatement of the member can be made, but in any event, no reinstatement will be permitted before the expiry of six months from the date of such posted member settling his outstandings. According to the plaintiff, he was out of India from 30.9.1995 to 20.10.1995, and he checked in on 20.10.1995 in the night and stayed in the Club and left for Madurai on 210. 1995, after paying one day accommodation charges. It is said that he was not aware of the outstanding bill pertaining to the month of August, 1995, nor was he aware of any notice having been given by the defendant. There was communication lapse on the part of the staff of the plaintiff which resulted in non-payment. This is due to inadvertence and cannot be attributed to negligence on the part of the plaintiff. It is said that the Club issued a letter dated 210. 1995 that in terms of Rule XI (C) of the Club, plaintiff is not entitled to make use of the Club or avail of the facilities of