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SPECIAL SUITS

QUESTION BANK

Q.1. Explain provisions as to Suits by or against Government.

Q.2. Explain provisions as to Suits by or against aliens, foreign rulers, ambassadors and envoys.

Q.3. Explain provisions as to Suits by or against firms.

Q.4. Explain provisions as to interpleaded suit.

Q.5. Explain provisions as to Suits by an indigent person.

Q.6. Explain provisions as to Suits relating to mortgages.

Q.7. Explain provisions as to summary suit.

Q.8. Explain provisions as to suit relating to public nuisance.

SHORT NOTES

1) Summary suit.

2) Suit relating to public nuisance.

3) Suit against the Government.

SYNOPSIS

SPECIAL SUITS UNDER THE CODE OF CIVIL PROCEDURE, 1908

1. Suits in General:

1. Suits in Special Cases:

I. Suits By or Against Government or Public Officers (Sections 79–82 & Order XXVII)

A. Statutory Notice Requirement (Section 80)

1. Condition Precedent:

2. The Rule:

3. Objective:

B. Urgent or Immediate Relief (Section 80(2))

1. The Exception:

2. Court Leave:

C. Rules Governing Institution of a suit-

1. Title of the Suit (Section 79):

2. Signing and Verification (Order XXVII, Rule 1):

3. Government Pleader as Agent (Order XXVII, Rule 4):

4. Fixing Date for Appearance (Order XXVII, Rule 5):

5. Duty to Assist in Settlement (Order XXVII, Rule 5B):

6. No Security Required (Order XXVII, Rule 8A):

7. Exemption from Arrest and Attachment (Section 81):

8. Execution of Decree Delayed (Section 82):

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II. Suits By or Against Aliens, Foreign Rulers, Ambassadors, and Envoys (Sections 83–87A)

A. Important Definitions (Section 87A)

1. Foreign State:

2. Ruler:

B. Rules of Institution

1. Suits by Foreign States (Section 84):

1. Suits Against Foreign Rulers and Envoys (Section 86):

1. Statutory Grounds for Granting Consent:

1. Protection from Arrest and Execution:

C. Rulers of Former Indian States (Section 87B)

D. Suits by Aliens (Section 83)

1. Alien Friends:

2. Alien Enemies

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III. Suits By or Against Firms (Order XXX)

a. Rules Governing Firm Litigation

1. Suing in the Firm Name (Rule 1):

2. Disclosure of Partners (Rules 1 & 2):

3. Pleadings (Rule 1):

4. Death of a Partner (Rule 4

5. Service of Summons (Rule 3):

6. Appearance of Partners (Rules 6–8):

7. Suits Between Co-partners (Rule 9):

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IV. Interpleader Suits (Section 88 & Order XXXV)    

A. Concept and Mechanics

1. Definition:

2. The Scenario:

3. No Interest:

4. Illustration:

5. Bar to Suit:

B. Procedural Rules (Order XXXV)

1. Plaint Contents (Rule 1):

2. Payment/Deposit into Court (Rule 2):

3. Stay of Parallel Proceedings (Rule 3):

4. Procedure at First Hearing (Rule 4):

5. Strict Prohibition for Agents and Tenants (Rule 5):

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V. Suits By Indigent Persons / In Forma Pauperis (Order XXXIII)

A. Who is an Indigent Person? (Rule 1)

B. Procedural Framework

1. Application (Rules 2 & 3):

2. Rejection Grounds (Rule 5):

3. Inquiry and Notice (Rules 1A & 7):

4. Procedure if application is Admitted (Rules 8 & 9A):

5. Procedure if application is Rejected (Rules 15 & 15A):

6. Revocation of Status (Rule 9):

C. Ultimate Recovery of Court Fees

1. If the Indigent Person Succeeds:

2. If the Indigent Person Fails:

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VI. Suits Relating to Mortgages of Immovable Property (Order XXXIV)    

A. Substantive Context (Section 58(a), Transfer of Property Act, 1882)    

Necessary Parties (Rule 1):

B. Suit for Foreclosure (Rules 2 & 3)

C. Suit for Sale (Rules 4–6)

1. Definition:

2. Preliminary Decree (Rule 4):

3. Final Decree (Rule 5):

4. Deficiency or Excess (Rule 6):

D. Suit for Redemption (Rules 7–8)

1. Definition:

2. Preliminary Decree (Rule 7):

3. Final Decree (Rule 8):

E. Prior Mortgages & Application of Sale Proceeds (Rules 12–13)

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VII. Summary Suits (Order XXXVII)

A. Core Mechanism    

B. Jurisdictional Applicability

C. Special Pleading Requirements (Rule 2)    

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VIII. Suits Relating to Public Nuisance (Section 91)

A. Legal Definition

B. Who May File a Civil Suit? (Section 91(1))

1. The Advocate-General

2. Two or more persons

3. A private individual

C. Available Remedies

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SPECIAL SUITS UNDER THE CODE OF CIVIL PROCEDURE, 1908

For the purpose of procedure, civil suits are broadly divided into two categories:

1. Suits in General: Suits to which the standard, everyday civil procedure applies.

2. Suits in Special Cases: Suits that require a distinct, specialized procedure in addition to or in deviation from the general rules. These are explicitly enumerated under Sections 79 to 93 and Orders 27 to 37 of the Civil Procedure Code (CPC).

I. Suits By or Against Government or Public Officers (Sections 79–82 & Order XXVII)

A. Statutory Notice Requirement (Section 80)

1. Condition Precedent: Serving a formal notice to the Government or public officer before filing a suit is a mandatory condition. In its absence, the plaint is liable to be rejected or set aside.

2. The Rule: No suit may be instituted against the Government or a public officer for any act purporting to be done in their official capacity until the expiry of two months after a written notice has been delivered to:

a. Central Government: The Secretary to that Government.

b. Railways: The General Manager of that Railway.

c. State Government: The Secretary to that State Government or the Collector of the District.

d. Public Officer: Delivered directly to the officer or left at their office.

3. Objective: The objective of this notice period is to give the Government or public officer an immediate opportunity to evaluate the legal position, seek counsel, and settle a just claim amicably without wasting public time and money in litigation.

B. Urgent or Immediate Relief (Section 80(2))

1. The Exception: A plaintiff may institute a suit against the Government or a public officer without serving the mandatory two-month notice if the suit seeks urgent or immediate relief.

2. Court Leave: Such a suit can only proceed with the prior leave (permission) of the Court. The Court cannot grant an interim injunction or relief except after giving the Government a reasonable opportunity to show cause. This exception prevents a failure or miscarriage of justice due to administrative delays.

C. Rules Governing Institution of a suit-

1. Title of the Suit (Section 79):

    Suits by or against the Central Government must be filed under the name: "The Union of India".

a. Suits by or against a State Government must be filed under the name: "The State of [Name of State]".

b. If a public officer is sued for an official act, the concerned Government must be joined as a party to the suit.

2. Signing and Verification (Order XXVII, Rule 1): Plaints or written statements must be signed and verified by a person specifically appointed by the Government who is fully acquainted with the facts of the case.

3. Government Pleader as Agent (Order XXVII, Rule 4): The designated Government Pleader acts as the agent of the Government for receiving court processes and summonses.

4. Fixing Date for Appearance (Order XXVII, Rule 5): The Court must grant a reasonable timeframe to the Government to communicate with departments and file a written statement. Adjournments may be granted, but they cannot exceed two months in the aggregate.

5. Duty to Assist in Settlement (Order XXVII, Rule 5B): The Court has an active statutory duty to assist the parties in arriving at an amicable settlement in matters involving the Government.

6. No Security Required (Order XXVII, Rule 8A): No security (such as security for costs) can be demanded from the Government or a public officer sued in their official capacity.

7. Exemption from Arrest and Attachment (Section 81): A public officer cannot be arrested, nor can their personal property be attached, during the execution of a civil decree for acts done in their official capacity. The court can also exempt their personal attendance if it harms public service.

8. Execution of Decree Delayed (Section 82): No execution proceedings can be initiated on a decree passed against the Government or a public officer unless the decree remains unsatisfied for a period of three months from the date it was passed.

Landmark Judgments:

State of M.P. v. Kanshi Ram (AIR 1980 SC 1234):

The Supreme Court held that the provisions of Section 80 are mandatory, and a suit filed against the government without serving notice or obtaining appropriate leave under Section 80(2) is void ab initio.

Bihari Chowdhury v. State of Bihar (AIR 1984 SC 1043):

The Supreme Court reiterated that the scheme of Section 80 is to provide a clear period of two months to the government to examine claims, and strict compliance with its provisions is an absolute prerequisite before a court can entertain the suit.

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II. Suits By or Against Aliens, Foreign Rulers, Ambassadors, and Envoys (Sections 83–87A)

A. Important Definitions (Section 87A)

1. Foreign State: Any State outside India that has been officially recognized by the Central Government of India.

2. Ruler: The individual recognized by the Central Government of India as the current head of a Foreign State.

B. Rules of Institution

1. Suits by Foreign States (Section 84): A Foreign State may file a suit in an Indian court of competent jurisdiction only if the object of the suit is to enforce a private right vested in the Ruler of that State, or in any of its officers in their public capacity.

1. Suits Against Foreign Rulers and Envoys (Section 86): No Foreign Ruler, Ambassador, Envoy, High Commissioner of a Commonwealth country, or specified staff member can be sued in an Indian court except with the prior written consent of the Central Government, certified by a competent Secretary.

Exception: A person acting as a tenant of immovable property may sue a Foreign State/Ruler from whom they hold the property without requiring such consent.

1. Statutory Grounds for Granting Consent: The Central Government will only grant consent to sue a Foreign State or Ruler if it appears that the State:

a.    Has itself instituted a suit in India against the applicant;

b.    Trades (by itself or through an agent) within the local limits of the jurisdiction of the Indian court;

c.    Is in possession of immovable property within those local limits and the suit relates directly to that property or money charged on it; or

d.    Has expressly or impliedly waived its sovereign privilege.

1. Protection from Arrest and Execution: No Ruler of a foreign state can be arrested under the CPC. Furthermore, no decree can be executed against the property of a foreign Ruler unless explicit written consent from the Central Government is obtained.

C. Rulers of Former Indian States (Section 87B)

1. Applies to historical Indian Princely States specified by the Central Government.

2. The statutory protections of Section 85 and Section 86 apply to suits against Rulers of former Indian States if the cause of action arose wholly or partly before January 26, 1950 (the commencement of the Indian Constitution).

D. Suits by Aliens (Section 83)

1. Alien Friends: May sue in any competent Indian court as if they were Indian citizens, provided they reside in India with the permission of the Central Government.

2. Alien Enemies: An "alien enemy" is a person residing in a foreign country whose government is at war with India, and who carries on business there without a specific license granted by the Indian Central Government.

    Alien enemies residing in India without the permission of the Central Government, or residing in an enemy country, are completely barred from suing in an Indian court.

Landmark Judgment:

Harbhajan Singh v. State of Punjab (AIR 1966 SC 1405):

The Supreme Court held that the privilege of sovereign immunity extended under Section 86 is a matter of public policy and diplomacy. If the Central Government refuses consent on reasonable geopolitical grounds, civil courts cannot override that executive decision.

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III. Suits By or Against Firms (Order XXX)

    Order XXX provides a simplified procedural mechanism allowing partnership firms to sue or be sued collectively in the firm's name, rather than naming every individual partner.

a. Rules Governing Firm Litigation

1. Suing in the Firm Name (Rule 1): Two or more persons claiming or liable as partners, who carry on business within India, may sue or be sued in the name of their firm. The partnership must have existed at the time the cause of action accrued.

2. Disclosure of Partners (Rules 1 & 2): Any party to the suit may apply to the Court for an order directing the firm to disclose the names and addresses of all partners.

3. Pleadings (Rule 1): Any single partner is legally competent to sign, verify, or certify pleadings on behalf of the partnership firm.

4. Death of a Partner (Rule 4): If a partner dies before or during the pendency of a suit, it is not mandatory to join their legal representatives as a party to the suit. However, the legal representative still retains the right to apply to join the suit or enforce claims against the surviving partners.

5. Service of Summons (Rule 3): Summons on a partnership firm may be served:

a. Upon any one or more of the partners; or

b. Upon any person who has control or management of the partnership business at its principal place of business in India.

c. Note: If the plaintiff knows that the partnership was dissolved before the suit was instituted, the summons must be served on every person within India whom they seek to hold personally liable.

6. Appearance of Partners (Rules 6–8):

a.    Partners must appear individually in their own names, but all subsequent proceedings continue collectively under the firm's name.

b.    A manager or controller who is not a partner does not need to enter a formal personal appearance.

c.    A person served as a partner may enter an appearance under protest, denying that they were a partner at the material time, and request the court to decide that specific issue first.

7. Suits Between Co-partners (Rule 9): Applies to suits between a firm and its partners, or between two firms sharing common partners. In these scenarios, no execution of a decree can be issued without explicit leave of the Court.

Landmark Judgment:

Gambhir Mal v. Janki Das (AIR 1963 SC 243):

The Supreme Court clarified that a decree obtained against a firm in its firm name can be executed against the partnership property, but cannot be executed against the personal property of a partner unless they were individually served with a summons or appeared in their personal capacity under Order XXX.

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IV. Interpleader Suits (Section 88 & Order XXXV)

    An interpleader suit is a unique legal proceeding where the real dispute is not between the plaintiff and the defendants, but rather exclusively between the defendants themselves.

A. Concept and Mechanics

1. Definition: "To interplead" means to litigate with one another to settle a specific legal point concerning a third party.

2. The Scenario: A plaintiff is in possession of a sum of money, a debt, or moveable/immoveable property that belongs to someone else, but two or more adverse defendants are claiming it.

3. No Interest: The plaintiff claims no personal interest in the subject matter other than their basic administrative charges and legal costs. They are fully prepared to hand it over to whichever defendant the Court declares to be the rightful owner. The plaintiff files the suit to compel the claimants to litigate the matter among themselves and shield themselves from double liability.

4. Illustration: A deposits a box of jewels with B (an agent). A later instructs B to hold the jewels as security for a debt owed to C. A subsequently claims the debt is paid off, while C denies this. Both claim the jewels from B. B can file an interpleader suit against A and C to settle who gets the jewels.

5. Bar to Suit: An interpleader suit cannot be instituted if another ordinary civil suit is already pending in which the rights of the parties can be properly decided.

B. Procedural Rules (Order XXXV)

1. Plaint Contents (Rule 1):

The plaintiff must explicitly state in the plaint:

a. That they claim no interest in the subject matter in dispute, other than charges or costs;

b. The distinct, adverse claims being made by the different defendants; and

c. That there is no collusion between the plaintiff and any of the defendants.

2. Payment/Deposit into Court (Rule 2): The Court will order the plaintiff to deposit the disputed money or place the property into the safe custody of the court before proceeding.

3. Stay of Parallel Proceedings (Rule 3): If any defendant has already sued the plaintiff regarding that specific property, the Court may immediately stay that existing suit.

4. Procedure at First Hearing (Rule 4): The Court may:

a. Declare the plaintiff fully discharged from all liability, award them their costs out of the disputed property, and dismiss them from the suit; or

b. Retain all parties until final disposal if justice requires; and

c. Adjudicate the title based on admissions/evidence, or frame issues and try the case to see which defendant wins.

5. Strict Prohibition for Agents and Tenants (Rule 5): An agent cannot file an interpleader suit against their principal, nor can a tenant file one against their landlord, to compel them to litigate with third parties. (Except where the third party claims through the principal or landlord).

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V. Suits By Indigent Persons / In Forma Pauperis (Order XXXIII)

    This order enables individuals who cannot afford court fees to seek justice without paying initial court fees or process service charges. Historically referred to as a "pauper suit" or a suit filed in forma pauperis.

A. Who is an Indigent Person? (Rule 1)

A person is legally defined as indigent if:

1. They do not possess sufficient financial means (other than property exempt from attachment) to enable them to pay the prescribed court fees for the plaint; or

1. Where no court fee is explicitly prescribed, they do not own property worth ₹1,000, excluding their necessary wearing apparel and the actual subject matter of the suit.

a. Post-Filing Acquisitions: Any property acquired by the applicant after filing the indigent application but before its final disposal is taken into account when evaluating their indigence. If it exceeds the thresholds, they cease to be indigent and must pay the fees.

b. Representative Capacity: If a person sues in a representative capacity (e.g., as an executor or trustee), their indigence is assessed based on the means they possess within that capacity, not their personal assets.

B. Procedural Framework

1. Application (Rules 2 & 3): The plaintiff must submit a written application detailing the complete facts of the plaint along with a scheduled list and valuation of all their movable and immovable properties. It must be signed, verified, and presented by the applicant in person or by an authorized agent.

2. Rejection Grounds (Rule 5): The Court will reject an application to sue as an indigent person if:

a.    It is not framed or presented in the prescribed manner;

b.    The applicant is found to have sufficient means and is not indigent;

c.    The applicant fraudulently disposed of any property within two months prior to the application just to claim indigency;

d.    The application fails to disclose a valid cause of action;

e.    The applicant entered into an agreement giving a third party an interest in the suit's subject matter;

f.    The suit is explicitly barred by any law; or

g.    A third party has entered an agreement to finance the litigation.

3. Inquiry and Notice (Rules 1A & 7): The initial inquiry into the applicant's assets is conducted by the Chief Ministerial Officer of the Court. The Court may adopt this report or conduct its own inquiry. It then serves a mandatory 10-day notice to the opposite party and the Government Pleader to receive evidence countering the claim of indigency.

4. Procedure if application is Admitted (Rules 8 & 9A): The application is numbered, registered, and treated exactly like a standard plaint in an ordinary suit, exempting the plaintiff from upfront court fees or process service costs.

5. Procedure if application is Rejected (Rules 15 & 15A): Rejection bars the plaintiff from filing a subsequent application of the exact same nature for the same right to sue. However, the court will grant them time to pay standard court fees and proceed as an ordinary plaintiff.

6. Revocation of Status (Rule 9): The Court can withdraw indigent permission mid-suit if requested by the defendant or Government Pleader because the plaintiff is guilty of vexatious conduct, has suddenly acquired financial means, or has entered into an agreement giving a third party an interest in the property.

C. Ultimate Recovery of Court Fees

1. If the Indigent Person Succeeds: The calculated court fees are recovered by the State Government from any party ordered by the decree. This fee requirement acts as a primary charge upon the subject matter recovered in the suit.

2. If the Indigent Person Fails: If the suit fails, is dismissed, or permission is withdrawn, the Court will order the plaintiff to pay the court fees. If the plaintiff dies and the suit abates, the fees are recovered directly from the deceased plaintiff's estate.

Landmark Judgment:

Union of India v. Khader International Construction (2001) 5 SCC 22:

The Supreme Court held that the word "person" in Order XXXIII includes not just natural persons but also juristic persons like companies, corporations, and registered societies, provided they fulfill the criteria of being unable to pay the court fees.

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VI. Suits Relating to Mortgages of Immovable Property (Order XXXIV)

    Order XXXIV sets out specific procedural frameworks for suits concerning mortgages of immoveable property, dealing primarily with foreclosure, sale, and redemption.

A. Substantive Context (Section 58(a), Transfer of Property Act, 1882)

    A mortgage is the transfer of an interest in specific immovable property to secure the payment of a loan advanced, an existing/future debt, or the performance of an engagement creating a pecuniary liability.

    Necessary Parties (Rule 1): All persons who hold an interest either in the mortgage security or in the right of redemption must be joined as parties to any mortgage suit. This rule prevents a multiplicity of proceedings and resolves all claims affecting the equity of redemption in a single suit.

B. Suit for Foreclosure (Rules 2 & 3)

Definition: A suit filed by the Mortgagee (lender) to obtain a decree that completely debars the mortgagor from their right to redeem the property.

Decree Stage	Procedural Mechanism & Requirements
Preliminary Decree (Rule 2)	1. Orders an official account to be taken of the principal, interest, and costs due to the plaintiff . 2. Directs that if the defendant pays this amount into court on or before a fixed date, the plaintiff must return all title documents and re-transfer the property free of encumbrances. 3. States that if the defendant defaults, the plaintiff can apply for a final decree.
Final Decree (Rule 3)	1. If Defendant Pays: Court orders the plaintiff to re-transfer the property and deliver up documents at the defendant's cost. 2. If Defendant Defaults: Court passes a final decree permanently debarring the defendant from all rights to redeem the property and orders them to surrender possession to the plaintiff. All liabilities are then discharged.

C. Suit for Sale (Rules 4–6)

1. Definition: A suit filed by the Mortgagee to sell the mortgaged property to recover unpaid dues.

2. Preliminary Decree (Rule 4): Identical accounting and payment directions as a foreclosure suit. However, it specifies that if the defendant defaults, the property will be physically sold, and the proceeds will be applied to pay off the plaintiff.

3. Final Decree (Rule 5): If the defendant pays before the confirmation of sale, the plaintiff must deliver all documents.

    If the defendant defaults, the court orders the formal sale of the mortgaged property.

4. Deficiency or Excess (Rule 6): If the net sale proceeds are insufficient to cover the debt, the court may pass a personal decree to recover the balance from the defendant's other assets (if legally enforceable). If there is an excess, it is paid back to the defendant.

D. Suit for Redemption (Rules 7–8)

1. Definition: A suit filed by the Mortgagor (borrower) to pay off the mortgage money and get back their mortgaged property from the mortgagee.

2. Preliminary Decree (Rule 7): Fixes the exact amount due from the mortgagor. If the mortgagor defaults, the defendant (lender) is entitled to apply for a final decree for either the sale of the property or foreclosure, depending upon the type of mortgage.

3. Final Decree (Rule 8): On full payment by the mortgagor, the court orders the absolute re-transfer of the property and return of documents. On default, the court orders the property sold to satisfy the lender's dues, paying any remaining residue back to the mortgagor.

E. Prior Mortgages & Application of Sale Proceeds (Rules 12–13)

    If a property is directed to be sold subject to a prior mortgage, the court may, with the consent of that prior mortgagee, sell it free from the mortgage, granting them an equivalent interest in the sale proceeds. The sale proceeds must be strictly distributed in the following order:

1. All expenses incidental to the sale.

1. Payment of the amount due to the prior mortgagee.

1. Payment of all interest due on the current mortgage.

1. Payment of the principal money due on the current mortgage.

1. The residue, if any, to the person next entitled.

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VII. Summary Suits (Order XXXVII)

    A summary suit is a highly fast-tracked procedure designed to prevent unreasonable delays by defendants in commercial matters where there is no genuine defense.

A. Core Mechanism

    Unlike an ordinary civil suit, the defendant in a summary suit is not entitled to appear and defend the suit as a matter of right. They must enter an appearance within 10 days of receiving the summons. Once the plaintiff serves a summons for judgment, the defendant must apply for leave to defend by showing via affidavit that they possess a genuine, triable defense. If leave is denied, or if the defendant fails to appear, the plaintiff's claims are deemed admitted, and a decree is granted instantly.

B. Jurisdictional Applicability

1. Courts: High Courts, City Civil Courts, Courts of Small Causes, and other courts restricted or empowered by the High Court.

2. Classes of Suits (Rule 1):

a. Suits based upon bills of exchange, hundis, and promissory notes.

b. Suits to recover a specific debt or liquidated money demand arising on a written contract, on an enactment (excluding penalties), or on a guarantee.

C. Special Pleading Requirements (Rule 2)

    The plaint must contain a specific endorsement stating that the suit is filed under Order XXXVII of the CPC, that no relief falling outside its ambit is being claimed, and it must contain a distinct inscription under the suit number in the title.

Summary Suit vs. Ordinary Suit

Feature	Summary Suit (Order XXXVII)	Ordinary Suit
Right to Defend	Not available as of right. Requires specific "leave of the Court" via an affidavit showing triable issues.	The defendant has an absolute right to file a written statement and defend the suit.
Setting Aside Decree	The trial court has special powers to set aside its own summary decree under special circumstances.	Except via a formal review or appeal, a trial court cannot easily set aside its own final decree.

Landmark Judgment:

IDBI Trusteeship Services Ltd v. Hubtown Ltd (2017) 1 SCC 568:

The Supreme Court laid down definitive guidelines governing the grant of leave to defend in summary suits, establishing that if the defendant shows a bona fide triable issue, leave must be granted unconditionally; if the defense is a sham, leave should be refused.

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VIII. Suits Relating to Public Nuisance (Section 91)

A. Legal Definition

    Under the new penal framework, Section 268 of the IPC is now Section 270 of the BNS which defines a ‘public nuisance’ as an act or illegal omission that causes common injury, danger, or annoyance to the public or to people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.

    Examples: Obstructing a public highway, keeping an illegal common gaming house, or creating hazardous environmental pollution that affects a community.

B. Who May File a Civil Suit? (Section 91(1))

A civil suit for a declaration and injunction against a public nuisance may be instituted by:

1. The Advocate-General of the State.

2. Two or more persons with the prior leave of the Court, even if no special damage has been caused to them collectively or individually.

3. A private individual in their personal capacity, but only if they have sustained direct, quantifiable special damage over and above what the general public has suffered.

C. Available Remedies

1. A suit for a permanent declaration and a temporary/permanent injunction.

2. Any other customized, appropriate relief required under the circumstances of the case.

3. Note: This runs parallel to, and does not bar, criminal prosecutions under Section 290 of the IPC or administrative abatement actions taken by an Executive Magistrate.

Landmark Judgment:

Kachrulal Bhagirath Agrawal v. State of Maharashtra (2004) 7 SCC 242:

The court clarified that the purpose of Section 91 is to provide a civil remedy against public wrongs. A civil suit can be maintained by citizens with court leave to protect public spaces and environmental rights without needing to show a personal financial loss.

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