Section 91 Civil Procedure Code 1908

Section 91 Code of Civil Procedure 1908 Public Nuisances

(1) In the case of a public nuisance the Advocate General, or two or more persons
having obtained the consent in writing of the Advocate General, may institute a
suit, though no special damage has been caused, for a declaration and injunction
or for such other relief as may be appropriate to the circumstances of the case.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of
suit which may exist independently of its provisions.

Public Nuisance: - Pubic nuisance can be either public or private (aa) - Section
91 provide a special remedy with regard to public nuisance only.

The terms public nuisance is not denied by the Code. In accordance with Section
2(44) of the General Clauses Act, 1897, it is to be given the same meaning as is
assigned to by Section 268 of the Pakistan Penal Code 1860, which defines public
nuisance as any act or illegal omission which causes common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property
in vicinity or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right (a).

To constitute public nuisance it is essential that such act or omission should affect
the public or people in general (b), and not only a particular class of people or
community(c) Obstruction of a public highway(d), or storage of rotten goods so as
to endanger public health(e), or causing annoyance to the public in any way(f), or
opening of a burial ground(g), or slaughtering cattle on public street(h), or
denying owner of roadside property access to the road (ha) converting residential
property in to commercial in a residential area (hb), denial of any amenity to
citizens (hc) opening of a school in residential area (hd) disposal of wastes and
effluents (he), interference…..
Section 92 Civil Procedure Code 1908
Section 92 Code of Civil Procedure 1908, Public Charities

(1) In the case of any alleged breach of any express or constructive trust created
for public purposes of a charitable or religious nature, or where the direction of
the Court is deemed necessary for the administration of any such trust, the
Advocate General, or two or more persons having an interest in the trust and
having obtained the consent in writing of the Advocate General, may institute a
suit, whether contentious or not, in the principal Civil Court of original
 jurisdiction or in any other Court empowered in that behalf by the [Provincial
Government] within the local limits of whose jurisdiction the whole or any part of
the subject matter of the trust is situate, to obtain a decree:
 Removing any trustee
 Appointing a flew trustee
 Vesting any property in a trustee
 Directing accounts and inquiries
 Declaring what proportion of the trust-property or of the interest therein shall be
allocated to any particular object of the trust
 Authorizing the whole or any part of the trust-property to be let sold, mortgaged
or exchanged
 Settling a scheme, or
 Granting such further or other relief as the nature of the case may require
(2) Save as provided by the Religious Endowments Act, 1863. No suit claiming any
of the reliefs specified in subsection (1) shall be instituted in respect of any such
trust as is therein referred to except in conformity with the provisions of that sub-
sections, Public trust, Section 92 makes provisions for suits relating to public
trusts of a religious or charitable nature (a). Unless suits against the trustees of a
public trust are regulated by law, an indefinite number of suits will be filed against
such trustees which may be vexatious, harassing and reckless in nature(b). The
object of Section 92, is to regulate the institution of suits for the relliefs
enumerated in Section 92 (c). so that the trust and the right of the public in such
trusts are safeguarded(d). The section must be strictly constructed(e). The suit can
now only be instituted with the consent of the Advocate-General or the Collector
(Section 93). Section 92 makes provision for action in respect of breach of trust
and give the court full powers for the proper administration of public trusts(f). An
action under Section is in its very nature a representative action(g). and the
plaintiff can not assert any personal or private right(h). Such suits will be
instituted in the ordinary manner. By virtue of Explanation VI, a decision in such a
suit will operate as res judicata(i)

In order that a suit be instituted under Section 92 the following conditions must be
fulfilled:
 There must exist a trust for public purposes of a charitable or religious nature.(j)
 The plaint must either allege that there is a breach of trust or that the directions
of the court are necessary for the administration of the trust(k).
 The suit must be representative one on behalf the public and not for the assertion
of the personal rights of the plaintiffs(l).
 The relief claimed must be one of the reliefs enumerated in Section 92 (m).

Login : Advocate

Code of Civil Procedure, 1908

93.Exercise of powers of Advocate General outside presidency-towns.-

The powers conferred by sections 91 and 92 on the Advocate General may, outside the pre
towns, be, with the previous sanction of the State Government, exercised also by the Collector or
officer as the State Government may appoint in this behaviour.