Chapter 4 SUIT AND RELATED MATTERS

Suits by and against societies.— Every society registered under this Act may sue or be sued in the name of the President, Chairperson or Secretary as shall be determined by the rules and regulations of the society or in the name of such person or office bearer as shall be appointed by the governing body.

Suits not to abate.—No suit or proceeding by or against a society in any civil court shall abate or discontinue by reason of the person by or against whom such suit or proceeding shall have been brought or continued, died or removed from position in the proceeding whereof he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of the successor of such person.

Enforcement of judgment against society.—(1) If a judgment is passed against the person or officer named on behalf of the society, such judgment shall not be enforced against the person or property, movable or immovable, of such person or officer, but against the property of the society.

1. (2) The application for execution shall setforth the judgment, the fact of the party against whom it shall have been passed having sued or having been sued, as the case may be, on behalf of the society and shall require to have the judgment enforced against the property of the society.

Recovery of penalty accruing under bye-law.—Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules and regulations do not provide for the making of bye-laws, by any bye-law passed at a general meeting of the members of the society convened for the purpose by a majority of not less than three-fourths of the members present at such meeting any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any court having jurisdiction where the defendant reside, or the society situate, as the governing body thereof shall deem fit.

Members liable to be sued.—Any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall possess himself of, or detain, any property of the society, in any manner, or for a time, contrary to such rules, or shall damage or destroy any property of the society, may be sued for such arrear, or for the damages accruing from such detention, injury or destruction of property in the manner provided in this Act.

Members guilty of offences punishable as strangers.—Any member of the society who steal any money or other property or wilfully and maliciously destroy or injure any property of such society or forge any deed, bond, security for money, receipt or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution and if convicted shall be liable to be punished in like manner, as any person not being a member would be subject and liable to in respect of the like offence.