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2015 YLR 2162

LAHORE GYMKHANA CLUB through Chairman vs Sahibzada SARFARAZ ALI

Citation2015 YLR 2162
CourtLahore High Court
Case No.C.R. No.1942 of 2013
Date2014-06-02
Judge(s)Ch. Muhammad Masood Jahangir
ResultOrder accordingly

ORDER

' CH. MUHAMMAD MASOOD JAHANGIR, J.--- By filing this Civil Revision, the petitioner has challenged the order dated 6-2-2013 passed by the learned trial court, whereby, the application filed by the respondent under Order XXXIX, Rules 1 and 2, C.P.C. Has been accepted. Which has been filed in a suit for declaration challenging the vires of letter dated 13-8-2012 through which an amount of Rs.476600 in lieu of membership of the petitioner club has been demanded as well as the judgment dated 4-6-2013 passed by the learned District Judge, `Lahore, whereby, the appeal filed by the petitioner has been dismissed.

2. During the course of arguments a consensus has been developed between learned counsel for the parties according to which the respondent has agreed to deposit the outstanding charges w.e.f. 1-11-1995 in two installments and in that eventuality learned counsel for the petitioner assures that on deposit of the first installment by the respondent towards the dues regarding development charges and temporary deposit prevailing in the year 1995 whereas monthly subscription with effect from 1-11-1995 at the prevalent rate of each month to be assessed by the petitioner, the provisional membership certificate with immediate effect shall be issued to the respondent, who will withdraw the main suit in consequence thereof. However, the entrance fee of Rs.25,400 already got deposited by the respondent will not be charged again.

3. It is, therefore directed the petitioner will issue a letter within a period of 10 days while indicating balance amount against the respondent w.e.f. 1-11-1995, who will deposit half of the said amount till 16-6-2014 as first installment on deposit whereof with the petitioner, a provisional membership certificate with immediate effect will be issued to the respondent to avail the facility of the club by him and the family members as per law. In such an eventuality, the learned counsel for the respondent has given an undertaking that the main suit will be withdrawn as infructuous. However, the rest of the amount will be paid by the respondent to the petitioner within a further period of three months up till 15-9-2014.

4 . Consequently, this Civil Revision is disposed of in the above terms and both the parties will abide by the above said commitment arrived at between them.

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