Sheikh AZFAR AMIN vs Chaudhary ASIF ALI S — 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Sheikh AZFAR AMIN VS Chaudhary ASIF ALI S. 91, O.VI, Rr. 2 & 5, O.VII, R. 11---Public and private nuisance---Institution of suit without prior permission of Advocate-General in writing---Suit for permanent/mandatory injunctions---Alleged illegal construction of marriage-hall and parking on public playground of housing society---Grounds of public and private nuisance---Suit was rejected under O.VII, R.11 of Civil Procedure Code, 1908---Contentions of respondents/defendants that requirement of S. 91 of C.P.C. was not fulfilled; that public nuisance and private nuisance could not be complained against at the same time; and that suit had rightly been rejected according to law---Validity---Requirement of obtaining consent of Advocate-General and leave of the Court was limited to the cases where no special damage was caused to more than one person but nothing limited the right to sue that otherwise accrued or was available under the law to a person---Failing to resort to provision of S. 91(1) of C.P.C., was not terminal for a case when the conduct complained was also allegedly resulting into private cause of action or private nuisance---Appellant's plaint had contained a bunch of grievances, some pertaining to public nuisance and others relating to private nuisance/cause in individual capacity---Case was still at the initial stage and factors like (i) level of interference (ii) public utility/benefits, tendency of harms, suffered loss (iii) original utility of land, and (iv) nature of locality etc., were yet to be seen through evidence---Not justified to non-suit the petitioner straight-away by applying O. VII, R. 11 of C.P.C., despite injury/loss---Appellant was only required to give material facts in the plaint as per O. VI, R. 2 of C.P.C. and the further and better particular of the claim could have been ordered under O.VI, R.5 of C.P.C.---Rejection of plaint was declared by High Court as unjustified---Appeal was accepted accordingly. Head Notes

Sheikh AZFAR AMIN vs Chaudhary ASIF ALI S — 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 PLD