Authority: High Court of Jammu & Kashmir and Ladakh at Jammu

Order Date: 23.10.2026

Case Overview

  • Petitioners: President Dogri Sanstha Karan Nagar, Jammu and General Secretary Dogri Sanstha Karan Nagar, Jammu, represented by Mr. Rahul Pant and Mr. Dhruv Pant.
  • Respondents: 1. Sh. N.D. Jamwal, S/o Th. Sham Singh, Village Bhalwal, Tehsil & District Jammu; 2. Sh. Mohan Singh, S/o Late Sh. Sakatar Singh, Dogra Hall, Jammu, represented by Mr. Amarveer Manhas.
  • Civil Second Appeal (CSA No. 8/2014) filed against the judgment and decree dated 29.11.2013 of the 1st Additional District Judge, Jammu, which had reversed the trial court decree dated 14.05.2001.
  • The appeal raised eight substantial questions of law, chiefly whether a person can claim membership in a society contrary to its Memorandum of Association, and whether a mandatory injunction for perpetual membership can be granted when the society’s constitution limits membership to three years.
  • The factual dispute concerned renewal of membership in Dogri Sanstha for the fixed three‑year period 1993‑1996. The trial court had dismissed the suit, holding the plaintiffs had no right to renewal; the 1st Appellate Court reversed that decision in 2013.
  • By the time of the 2026 hearing, the membership period (1993‑96) had expired approximately 30 years earlier, rendering any relief moot.
  • The court framed an additional question on 21.10.2026: whether the 2013 appellate judgment had become incapable of execution and the second appeal infructuous due to the efflux of time.
  • The court cited J.M. Biswas Vs. N.K. Bhattacharjee (2002) 4 SCC 68, noting that disputes losing relevance because of the passage of time are akin to “flogging a dead horse”.

Final Outcome

  • The High Court held that the civil second appeal is dismissed as infructuous on account of the efflux of time; the 2013 appellate decree cannot be executed as the membership period it concerned has long expired.
  • The dismissal does not prejudice any rights of the parties concerning any subsequent membership periods, and the findings of the lower courts are not binding for future purposes.
  • Each party shall bear its own costs.

Topics: Membership Law, Civil Appeal