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1966 Supreme(Raj) 193

DAVE, KAN SINGH
Chandmal Nauratmal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.B.L. Bhargava, S.N. Bhargava and K.S. Dewra, for Petitioners; M.L. Joshi, Dy. Govt. Advocate

By the Court—The case before us comes on an office report to the effect that a joint petition filed by 41 petitioners for restraining the respondents from enforcing the provisions of the Rajasthan Agricultural Produce Markets Act (Act No. 38 of 1961), 1961, the Rules made there under and the bye-laws made by the Krishi Upaj Mandi Samiti, Kishangarh, is not maintainable in view of Rule 375 of the Rajasthan High Court Rules, 1952, hereinafter to be referred as the "Rules", on the ground that the relief claimed by the petitioners cannot be said to be founded on the same cause of action. The office points out that while the petitioner may have similar or identical causes of action, they cannot be said to have the same cause of action within the meaning of the Rules.

2. The learned counsel for the petitioners contested the correctness of the office report and as, since the enactment of Rule 375 of the Rules by SRO No. 6 of 9.10.64 a practice has grown up in this Court not to entertain such joint writ petitions, we invited a full dressed argument and have also given notice to the learned Government Advocate. Rule 375 occurs in Chapter XXII, Part IV of the Rules is as follows —

"Rule 375(1)
























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