Section 91: Public nuisances and other wrongful acts affecting the public.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

,[(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.

Where this provision sits

Act	The Code of Civil Procedure, 1908
Section	91
Marginal note	Public nuisances and other wrongful acts affecting the public.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	11

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted, Act 104 of 1976. . Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977).
substituted. . Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).

Judgments that turned on this provision

AO/271/2023 of FAYZAN KHAN AND OTHERS Vs SUPERINTENDENT OF LAND RECORDS, MUMBAI SUBURBAN DISTRICT AND OTHERSBombay High Court · 2023-09-29
RSA/96/2006 of JATINDER SINGH KASHYAP Vs DUNI CHANDHigh Court of Himachal Pradesh · 2006-12-12
CR/3105/2004 of KARAMBIR AND ANOTHER Vs UTTAR HRY. BIJLI VITRAN NIGAM LTD. & ORSHigh Court of Punjab and Haryana · 2006-09-07
SA/178/1983 of DAHYABHAI MOHANBHAI Vs DASHRATHLAL MANILALHigh Court of Gujarat · 2000-11-10
SA/312/1983 of PATEL NATVARBHAI MITHBHAI Vs PATEL CHHAGANBHAI THigh Court of Gujarat · 2000-09-29
SA/389/1980 of VANKAR SAMA DEVA,SINCE D/D THROUGH HIS HEIRS Vs VNAKAR JASHBHAI RAGHABHAIHigh Court of Gujarat · 1998-03-11

6 of 11 judgments on CourtMesh that cite this provision. Create a free account to search all of them.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

Search 49,000+ Central and State enactments by what a provision says, not by its number
Jump from any section to every judgment that has applied it
Search 300 million+ Indian court records alongside the statute
Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Code of Civil Procedure, 1908 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.