VIMLA DEVI Vs. ANAND DHAKAD

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails interlocutory order passed on 27.06.2013 in Civil Suit No.20 A/2013 by the First Civil Judge Class I, Shivpuri, whereby an application under Section 91 of the Code of Civil Procedure preferred by the plaintiff/respondent herein has been allowed.

(2.) LEARNED counsel for petitioner/defendant has preliminary contended that none of essential ingredients of Section 91 of CPC were made out and yet the application under Section 91 of CPC was allowed granting leave to the plaintiff to institute suit raising public cause of defendants causing nuisance of obstruction to the public way.

(3.) A perusal of the plaint (Annexure P/2) filed by the petitioner discloses that the suit is filed for removal of nuisance/construction caused by the defendant no.1 on the land bearing Survey Number 1177, which is alleged to be public way. Thus, the basic ingredients of Section 91 appear to be made out and, therefore the leave granted by the trial Court cannot be found faulted with.