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2/13/19

Suit relating to the Public Nuisance under Sec. 91 of the CPC


  Suit relating to the Public Nuisance under Sec. 91 of the CPC 


                 In this article, we are going to discuss the topic relating to the suit relating to the public nuisance under section 91 of CPC.

Introduction:-


                                In the modern time, the public nuisance are numbers whether it is the noise of the loudspeakers, the noise of the construction, hooking of the horns unnecessarily, blocking the sunlight in public Park, etc. Nuisance can be classified into two categories: Public Nuisance and Private Nuisance.  
      Here we will discuss only the suit relating to the Public nuisance. Public Nuisance drives sports from section 91 of CPC that laid down the procedure for Institution of a civil suit for the offence of public nuisance. This section provides for the filing of suit in the case of a public nuisance all other wrongful acts affecting the public at large. It stays that the suit can be instituted for declaration, injunction or other relief which may be appropriate in the circumstances of the case.

 Meaning of Public Nuisance:-


                                                          The term public nuisance has not been defined in the Code of Civil Procedure. However, according to the section 268 of IPC, it can be said to be an act, omission which cause common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or annoyance to the persons who may have occasion to use public rights.
                 There are some examples of public nuisance like; pollution of public waterways, the noise of loudspeakers, obstruction of a public highway, ringing of a day and night, unnecessarily hooking of the horns, etc.

Who may sue?:-


                             A suit may be instituted by the following persons, relating to a public nuisance or other wrongful act;
1.    By Advocate General;
2.     By two or more persons with the leave of the court; or
3.     By any private person if he has sustained special damage.


What are the remedies?:-

                                                      There are some remedies which are available against public nuisance as follows:-
1.    A person committing a public nuisance may be punished under section 290 of the Indian Penal Code;
2.     Magistrates may remove public nuisance in certain case circumstances by exercising summary power under section 133 and 143 CRPC;
3.    A suit can be instituted for the declaration, injunction or other appropriate relief without proof of separation damage under section 91(1) CPC.
4.    A suit may also be filed by a private individual, where he has sustained special damages under section 91 (1) CPC.

Appeal:-

                        An appeal lies against an order refusing to grant leave to file a suit for public nuisance or other wrongful act affecting the public, section 104 CPC.

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