(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.
Legal Commentary & Landmark Judgments: Section 91
Section 91 of the Code of Civil Procedure, 1908 governs the institution of representative civil suits in cases of public nuisance and other wrongful acts affecting the public.
Two or more citizens can institute an action against unauthorized commercial conversions, polluting industrial units, or public road encroachments without proving personal pecuniary loss, upon securing the prior leave of the court under Section 91(1)(b).
Section 91 is a valuable procedural vehicle for civic and environmental protection. Two or more citizens can institute an action against unauthorized commercial conversions, polluting industrial units, or public road encroachments without proving personal pecuniary loss, upon securing the prior leave of the court under Section 91(1)(b).