Civil Suit regarding public nuisance and wrongful act

Civil Procedure Code, 1908 Section 91 Suit for declaration and injunction or for such other relief - With regard to the public nuisance or other wrongful act affecting or likely to affect the public may be instituted with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act - Provision, prescribed under Section 91 of Civil Procedure Code deals with public nuisance or other wrongful act which affects a considerable number of people - Advocate General or two or more persons with the leave of the Court may bring a suit either for a declaration or injunction or for any other relief irrespective of any special damage - It, appears from aforesaid provision that for the institution of a valid suit, leave of the Court is a condition precedent and there would be no properly instituted suit under the aforesaid provision before the leave is granted.

(LMASLFD1757210)