PUBLIC NUISANCE CPC SECTION 91

In the Court of _______________________________ 

A.B. (add description and residence) _______________________________ Plaintiff

VERSUS 

C.D. (add description and residence) ___________________________________________________Defendant

 ___________ (A.B.), the above named plaintiff, states as follows:-

1. The defendant has wrongly heaped up earth and stones on a public road known as ____ street at _______ so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.
2. The plaintiff has obtained the leave of the Court for the institution of this suit.

• Facts showing when the cause of action arose and that the Court has jurisdiction.
• The value of the subject-matter of the suit for the purpose of jurisdiction is ________ rupees and for the purpose of court-fees is _______ rupees.

The plaintiff claims-

1. A declaration that the defendant is not entitled to obstruct the passage of the public along the said public road;
2. An injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.

Not applicable where suit is instituted by the Advocate-General.

 Dated :

                                                                           Plaintiff

                                                                          Through, Advocate

Verification:

          I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this ______.

                                                            Plaintiff

AFFIDAVIT

 

 

In the Court of _______________________________ 

Petitioner:____________________________ 

                                   Versus

Respondent:____________________________

 

That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.

That, I am filing an application under Section 91 of Civil Procedure Code,  1908 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.

 

Place:                                                                                 (Signature)

__________________                                                                          

Date:                                                                                   Deponent

__/__/____