Section 91 of The Code of Civil Procedure, 1908
Public nuisances and other wrongful acts affecting the public.
1 ,2[(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,
- (a)by the Advocate-General, or
- (b)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.]
- (2)Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
Summary
- This part allows for legal action against public nuisances or other wrongful acts that affect the public.
- A suit can seek a declaration, an injunction, or any other appropriate relief.
- The Advocate-General has the authority to start such a suit.
- Alternatively, two or more people can start the suit if they obtain the leave of the court.
- These people can sue even if they haven't suffered any special or personal damage from the nuisance.
- This section does not limit or change any other existing rights to sue that might be available.
Practical examples
FAQ
1. Who can file a suit for public nuisance under Section 91 of The Code of Civil Procedure, 1908?
Under Section 91 of The Code of Civil Procedure, 1908, a suit can be filed by the Advocate-General or by two or more persons with the court's permission.
2. Do individuals need to prove special damage to sue under Section 91 of The Code of Civil Procedure, 1908?
No, Section 91 of The Code of Civil Procedure, 1908, states that two or more persons can sue even though no special damage has been caused to them.
3. What kind of relief can be asked for in a suit under Section 91 of The Code of Civil Procedure, 1908?
Under Section 91 of The Code of Civil Procedure, 1908, parties can seek a declaration, an injunction, or other appropriate relief.
4. Does Section 91 of The Code of Civil Procedure, 1908, affect other rights to sue for nuisance?
No, Section 91 of The Code of Civil Procedure, 1908, explicitly says it does not limit or affect any right of suit that exists independently.
Test yourself
1.Under Section 91 of The Code of Civil Procedure, 1908, what is required for two or more persons to file a suit regarding a public nuisance?
2.According to Section 91 of The Code of Civil Procedure, 1908, must a person show personal injury to stop a public nuisance?
3.Which official is named in Section 91 of The Code of Civil Procedure, 1908, as having the power to sue for public nuisance?
4.What happens if a court refuses leave to sue under Section 91 of The Code of Civil Procedure, 1908?