PART V SPECIAL PROCEEDINGS · PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

Section 91: Public nuisances and other wrongful acts affecting the public

The Code of Civil Procedure, 1908

¹[(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.

Footnotes in the official text

1.Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).

Questions on this section

4 questions in 12 of our papers cite Section 91. Try these from the free papers:

1. Under Section 91 of the CPC, in the case of a public nuisance, a suit for a declaration and injunction may be instituted by the Advocate-General or by:
2. Under Section 91 of the Code of Civil Procedure, 1908, a suit for a declaration and injunction in respect of a public nuisance may be instituted by the Advocate-General or, with the leave of the Court, by:

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