READ  v. SAMSUDIN.

C. R., Colombo, 8,823.

Action by secretary of a voluntary association-Inadmissibility of technicalities of laic in Courts of Requests-Right of plaintiff to sue-Motion to take plaint off the file-Proper mode of dealing with the question of right to sue-Civil Procedure Code, s. 10- Costs.

A voluntary association cannot by agreement between its members give any individual the right to sue on their behalf.

Where it is practically impossible for a body of numerous members to appear as plaintiffs, the Court may make an order under section 16 of the Civil Procedure Code, permitting one or more of such members to sue on behalf of the rest.

It is not the duty of a Judge to throw technical difficulties in the way of administering justice. He ought to remove them out of the way upon proper terms as to costs and otherwise.

In a Court of Requests all technicalities of law should be avoided.

When a plaint, defective in some material respect, has been filed, it is not necessary to move that it be taken off the file, but it is the duty of the Court, of its own accord, or upon its attention being called, to reject the plaint or return it to plaintiff for amendment. If the plaint is good ex facie, any objection thereto must be taken by the answer.

Where defendant, a member of a voluntary association, objected at the trial to the reception of certain rules made by the association, on the ground that such rules were not included in any list of documents filed by the plaintiff,

Held, that defendant should be deprived of his costs in the Court below.

THIS was an appeal preferred by the plaintiff against the dismissal of an action which he had brought in the Court of July 10 Requests of Colombo as Honorary Secretary of an institution  known as the Colombo Library, for the recovery of a certain sum of money said to be due by the defendant, who was one of its members, for monthly subscriptions unpaid, and for the value of certain books taken out by him and not returned.

The facts in detail are set forth in the judgment of his Lordship the Chief Justice.

Jayawardena, for the appellant,

The plaintiff has no right to maintain this action as the Honor­ary Secretary of the Colombo Library, such library being a merely voluntary association, and a voluntary association cannot even by agreement between the members give any individual the right to sue on behalf of the members. He cited Evans v. Hooper, 11 Q. B. D. 45; Gray v. Pearson, 5 C. L. R., 568; I. L. R.