Law: High Court (Lahore) Rules and Orders

Section: Chapter3clause10(i),Chapter4

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: OrderI,Rule1,OrderII,Rule3

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Joining of more than one petitioners---Principles--Several petitioners, having community of interest and common grievance, can file joint petition under Art. 199 of the Constitution---No restraint existed on several petitioners to file a joint petition, where right to relief arises from the same act or transaction; or when common question of law and fact is involved; or where petitioners are jointly interested in cause or causes of action; or when evidence/proof for determination of controversy is the same. (b) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), Preamble---Constitutional petition---Provisions of Civil Procedure Code, 1908---Applicability---Provisions of Civil Procedure Code, 1908, govern the matters falling in constitutional jurisdiction, as far as they are not in conflict with High Court Rules and Orders---To conduct proceedings under constitutional jurisdiction, the procedure of Civil Procedure Code, 1908, is always resorted to, being general law of procedure. (c) Constitution of Pakistan (1973)--- ----Art. 199---High Court (Lahore) Rules and Orders, Vol. V, Chap.4-F, R.10(i), Part III of Part. J---Constitutional petition---Joint petition---Scope---Office objection---Fixation of court-fee---Filing of joint petition by more than one petitioners---More than three hundred petitioners were aggrieved of some order passed by Board of Revenue---There being common question of law and one cause of action, therefore, all petitioners filed joint petition---Objection raised by office was that instead of fixing one Court-fee, every petitioner was supposed to fix court-fee separately---Validity---Each petitioner, in a joint petition had his/its own cause of action---Relief claimed by such petitioner was to his extent and grievance of each petitioner was individual---Petition by each one of the petitioners in a joint petition would be deemed independent and each of such persons was liable to pay court-fee separately---Object of allowing joint petitions was to avoid"conl1icting s or to allow litigants to conveniently and properly file one petition…

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