Permission of Advocate General for filing suit of public Nuisance

Public Nuisance

Permission of Advocate General for filing case is not mandatory

Section 91 of CPC… permission of advocate General of filing of a lis … written permission of Advocate General was required for filing a lis by two or more persons with regard to public nuisance who had not suffered any special damage… said condition would not limit or affect a right of suit which might exist independently… where one or more person had approached the court for declaration of a nuisance while claiming an invasion to their easement right. permission of Advocate General for filing the lis was not required. in the present case plaintiffs had alleged that use of property as Marriage Hall by the respondents had been causing serious discomfort and annoyance resulting in disturbing their easement rights.. Held .. one had a right to enjoy music and arrange gathering or feast at this place but not by discomforting or annoying neighbors to enjoy their right of easement and restrict them to reach at their doors…. Complaint of the plaintiff if established would continue a nuisance infringement of their individual rights to enjoy property and right of live therein… booth the courts below had exceeded in exercising their jurisdiction.. impugned judgment/orders passed by the court below were set aside and case was remanded in its original position for decision in accordance with law which a specified time.

PLD 2016 SINDH 292