AYESHA A. MALIK, J. --- C.M. No, 1/2018 This application under Section 12(2) of Code of Civil Procedure, 1908 ("CPC:') has been filed by the Applicant Haleema Rasheed. The grievance of the Applicant is that order dated 16.3.2011 passed in C.M. No, 1/2011 in I.C.A. No, 400/2010 was obtained by playing fraud, mis-representation and without the consent of the Applicant.
2. The facts of the case are that I.C.A. No, 400/2010 titled Naveed lqbal, etc. v. Registrar Cooperative Housing Society, Punjab, etc., was filed against order dated in W.P. No, 2663/2010. In terms of the said order a direction was given to the Registrar Cooperative Housing Societies, Punjab to amend the Byelaws of the National Fertilizer Corporation Employees Cooperative Housing Society ("NFC Society") giving the members the right to vote and the right to participate in the election process and contest for the election of the managing committee of the NFC Society. Against this order I.C.A.
No, 400/2010 was filed by five appellants including the Applicant whose basic contention was that order dated 19.5.2010 be set aside and they being returned candidates be allowed to act as the managing committee. During the pendency of the I.C.A.,, C.M. No, 1/2011 was filed in which it was stated the appellants in I.C.A. No, 400/2010 and respondent No, 5 have entered into a settlement with the NFC Society whereby she has agreed that the impugned order in the writ petition be set aside and that the matter be placed before the Annual General Meeting to decide upon the issue.
The Applicant alleges that this order was never passed with her consent; that she did not sign the application under Section 12(2), C.P.C. and as that she did not enter into any settlement with the NFC Society on this issue; that she came to know about this order when judgment dated 19.5.2017 was passed in W.P. No, 24052/2017 for the first time, hence she filed this application as the order dated 16.3.2011 was obtained fraudulently by alleging a compromise in the absence or appearance of the settlement or the Applicant herself before the Court.
3. Learned counsel for the Petitioner argued that the Petitioner initially was involved in the politics of the NFC Society however, subsequently she detached herself from the politics and it is only when judgment dated 19.5.2b17 passed in W.P. No, 24052/2017 that she became aware of the pending situation. The grievance of the Applicant that it is on account of some alleged settlement that members of the NFC Society are not being given the right to vote or contest for the election of the managing committee.
4. At the very outset, it is noted that the impugned order before us is dated 16.3.2011 whereas this application has been filed on 31.1.2018 after a considerable period of seven years. The Applicant stated that she had no knowledge of the order dated 16.3.2011, however, this fact is not borne out from the record. The Applicant herself contends and admits that two rounds of litigation were undertaken before this Court with respect to the grievance of the Applicant and the NFC Society.
Essentially, the Applicant is a member of the NFC Society, who sought amendment in the Byelaws essentially on the ground that though they are members of the NFC Society but are not entitled to vote or contest the election of the managing committee. This matter has been agitated repeatedly by the Applicant as well as other members since 2010. During this time, two AGMs have taken place, one on 11.6.2011 when the model Byelaws were approved and the second on 5.11.2016. Several writ petitions were filed restraining the NFC Society from carrying out the election. Furthermore against the order of 16.03.2011 other members also filed an application (C.M. No, 1294/2011) under Section 12(2), C.P.C. on the ground that settlement could not be representative of all members and was only applicable to the case of the Applicant. On 20.4.2011 a learned Division Bench of this Court clarified that the settlement of 16.3.2011 did not affect the right is of all the members and will not prejudice them against any right that they may have on account of the judgment of the learned Single Judge dated 19.05.2010 in W.P. No, 2663/2010. Further that the settlement was only relevant for the purposes of the Applicant and the NFC Society. Therefore, in terms of the record not only was a considerable period of time passed without any plausible explanation of the delay given that the matter has been in litigation since 2010, but also because order dated 20.4.2011 does not affect the rights of any party other than the Applicant. Therefore we are not inclined to entertain this application as we are not convinced with the Applicant's arguments that she had no knowledge of settlement or that she was not party to the same.
5. Under the circumstances, the instant application stands dismissed.
C.M. No, 2/2018
6. This is an application under Section 151, C.P.C. on behalf of the Applicant for interim relief. Since the application filed under Section 12(2), C.P.C. has been dismissed, the instant application has become infructuous and the same is dismissed accordingly.
C.M. No, 3/2018
7. Dispensation sought for is allowed subject to all just and legal exceptions. CM stands disposed of.