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Under the Code of Civil Procedure, 1908, two persons seek a declaration and an injunction to stop a public nuisance that blocks a public road. Neither has suffered special damage. No public…

Question and options

Under the Code of Civil Procedure, 1908, two persons seek a declaration and an injunction to stop a public nuisance that blocks a public road. Neither has suffered special damage. No public charitable or religious trust is involved. Under which provision may they institute the suit with the court's leave?

  1. Article 226 of the Constitution

  2. Article 32 of the Constitution

  3. Section 91 of the Code of Civil Procedure

  4. Section 92 of the Code of Civil Procedure

Answer and explanation

Correct answer: C - Section 91 of the Code of Civil Procedure

Section 91(1)(b) allows two or more persons, with the court's leave, to sue for appropriate relief concerning a public nuisance despite lack of special damage. Section 92 instead concerns specified relief in relation to a public charitable or religious trust.

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