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2020 Supreme(All) 521

ANJANI KUMAR MISHRA
Moradabad Club (P) Ltd. – Appellant
Versus
Rajeev Kumar Singhal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Agrawal.
For the Respondents: Mohammad Farooque Ansari, Ajay Shankar, Triveni Shanker.

JUDGMENT :

ANJANI KUMAR MISHRA, J.

1. Heard Sri. Ashish Agrawal for the revisionist and Sri. Ajay Shankar, counsel for the opposite party nos. 1 to 5.

2. The revision is directed against the order dated 18.04.2018 passed by the Civil Judge (Senior Division), Moradabad in Original Suit No. 173 of 2017 whereby an application under Order 7, Rule 11 CPC filed by the revisionist has been rejected.

3. The facts of the case briefly stated are that plaintiffs/opposite parties filed a suit seeking a declaration that certain demands made by the Secretary of the Company, the revisionist, were void ab-initio, illegal, time barred and barred of estoppel, waiver, acquiescence etc.

4. Primarily the plaint case was that plaintiffs who are five in number are members of the Moradabad Club (P) Ltd. which is a Company. Till the year 1999 the membership fee was paid by means of annual subscriptions. Subsequently, a scheme for payment of life time subscription was introduced between years 2000-2005 and this scheme was availed by the plaintiffs. However, vide letters dated 01.07.2015 and 22.04.2016, a demand for outstanding annual membership dues, was raised. These letters also specified that outstanding dues

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