JUDGMENT
The appellant, P C Desai, is one of the defendants in HCCC No 473 of 1997. In the plaint he is described as Immediate Past Chairman of Premier Club (the Club). The Chairman of the Club and 13 other members of the Club were sued by the first respondent, Navin M Patel trading as Sandpipers Constructions and Civil Engineering Services, in their capacity as members of the Managing Committee of the Club for alleged nonpayment for work done and materials supplied by the first respondent to "the defendant". The plaint filed in the superior court purports to show that the members of the Managing Committee of the Club are sued on behalf of themselves and all other members of the Club. In addition the Club itself is sued as "The Premier Club".
On 14th April, 1997 the appellant lodged an application in the superior court, by way of a chamber summons, seeking to strike out the plaint on the grounds that:
"(a) The work carried out by the plaintiff, if any, was for and on behalf of Premier Cl…