| Citation(s) |
|---|
| 1966 SLG 4961 = 1966 SLD 4961 = 1966 PLD 79 |
Sindh High Court
Writ Petitions Nos. 573 of 1961, 254, 447, 610 of 1962 and 169 of 1963, decided on 1st December 1964.
Presented By: Inamullah and Waheeduddin Ahmad, JJ
Rehmatullah v. Deputy Settlement Commissioner P L D 1963 S C 633 and Fazal Ahmad v. Ziaullah Khan P L D 1964 S C 494 ref. S. M. Raza, Abul Khair, S. A. Rafique, and S. H. Rizvi for Petitioners. Major Muhammad Ishaque assisted by Wasim Hamid Rizvi, Deputy Settlement Commissioner (Legal) for
Respondents
Writ Petitions Nos. 573 of 1961, 254, 447, 610 of 1962 and 169 of 1963, decided on 1st December 1964.
Presented By: Inamullah and Waheeduddin Ahmad, JJ
Rehmatullah v. Deputy Settlement Commissioner P L D 1963 S C 633 and Fazal Ahmad v. Ziaullah Khan P L D 1964 S C 494 ref. S. M. Raza, Abul Khair, S. A. Rafique, and S. H. Rizvi for Petitioners. Major Muhammad Ishaque assisted by Wasim Hamid Rizvi, Deputy Settlement Commissioner (Legal) for
Respondents
Mst. FIDAI ZUHRA AND OTHERS-Petitioners
VERSUS
DEPUTY COMMISSIONER AND DEPUTY SETTLEMENT COMMISSIONER (LAND), SUKKUR AND OTHERS-Respondents
Law: Constitution of Pakistan, 1962
Section: 98
Law: Civil Procedure Code (V of 1908)
Section: 1
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 19,21
Law: Pakistan Rehabilitation Act (XLII of 1956)
Section: 6
Constitution of Pakistan (1962)----Art. 98-Joint petition Several petitioners need not be interested in- entire relief or reliefs claimed or in grounds on which those reliefs are based Civil Procedure Code (V of 1908), O. I, r. 1 In law it is not necessary for several petitioners in one joint writ petition that they must be interested in the entire relief or reliefs claimed in the petition or in the grounds on which those reliefs are based. Under Order I, rule 1, C. P. C, all persons could be joined in one suit as plaintiffs in whom and right to relief in respect of or. arising out of the same act or transaction or series of acts or transactions is alleged to exist, whe ther jointly, severally or in the alternative, where; if such persons brought separate suits, any common question of law or fact would arise. It is now a well established rule of law that "subject to the control of the Court, persons can unite as plaintiffs seeking, individual reliefs in cases where the investigation would to a great extent be identical in each, individual case. The policy of the rule is to avoid needless expenses where it can be done without injustice to any one. Displaced Persons (Land Settlement) Act (XLVII of 1958)----Ss. 19 & 21-Provisions not applicable in case of persons settled under Scheme prepared under Pakistan Rehabilitation Act, 1956 Pakistan Rehabilitation Act (XLII of 1956), S. 6. Pakistan Rehabilitation Act (XLII of 1956)---S. 6 West Pakistan Rehabilitation Settlement Scheme, read with Correc tion Slip No. 2-P-1 dated 15-8-57-Land allotted to displaced persons under Rehabilitation Scheme-No cultivated (abad) land available for settlement-Claimants of agricultural land settled on uncultivated (ghairabad) lanai-Produce indices units to be calculated in accordance with formula enunciated in Correction Slip No. 2-P-1 dated 15-8-57 issued by Board of Revenue West Pakistan-Words "Banjar-Jadid, Banjar-Qadim and Chair-mumkin soil wherever they exist" in footnote. 1 (d) of Introductory Note in Pamphlet "Produce Indices of Hyderabad and Khairpur Divisions (1957) issued under authority of. Chief Settlement…