KHEMUMAL AND 2 Others vs THE CUSTODIAN OF EVACUEE PROPERTY, SOUTH
This matter concerns an appeal pending before the Supreme Court of Pakistan involving the interpretation of provisions within the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and the Displaced Persons (Land Settlement) Act, 1958. During the preliminary hearing, the Court identified that the appeal raises significant questions of law that are of general application and require authoritative determination. Noting that other cognate matters involving identical legal questions are currently pending before the Court, the Bench determined that it would be procedurally appropriate and advisable to defer the hearing of the present appeal. Consequently, the Court ordered the adjournment of the proceedings to be heard concurrently with the related pending matters by the Full Court at Lahore on a specified future date. The judgment does not resolve the substantive issues but establishes the procedural necessity of consolidating similar cases for a definitive ruling on the statutory interpretation of the aforementioned Acts.
- Is it appropriate to adjourn an appeal to be heard alongside other pending cognate matters involving identical questions of law?
- Does the Supreme Court have the discretion to consolidate cases involving similar statutory interpretation issues for a Full Court hearing?
- Displaced Persons (Compensation and Rehabilitation) Act, 1958
- Displaced Persons (Land Settlement) Act, 1958
ORDER
1. SAJJAD AHMAD, J.-During the arguments which we have partly heard in this appeal, some very important questions of law have been raised bearing on the construction of the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and the Displaced Persons (Land Settlement) Act, 1958, which are of general application and need to be finally determined by this Court. We are informed that some other matters are already pending in this Court in which the same questions have to be decided. It is, therefore, advisable to adjourn this appeal to be heard along with the other cognate matters by the Full Court at Lahore on the 2nd of March 1970.