PRASANTA ACHARJEE Vs. NITAI BEBBARMA

JUDGEMENT

(1.) This petition is directed against the order dated 05.05.2015 passed by the learned Civil Judge, (Jr. Div), Court No.8, Agartala, West Tripura in Title Suit No. 85 of 2015 whereby she has ordered that the application filed for dropping the proceedings challenging the maintainability of the "Writ Petition" filed by the plaintiff shall be decided at the stage of framing of issues in the suit.

(2.) Briefly stated, the facts are that the respondents (hereinafter referred to as "the plaintiffs") Nitai Debbarma and Manorama Debbarma, filed a suit for declaration and perpetual injunction, praying that they had the easementary right of enjoyment of light and air in their homestead land and also praying that the defendants be directed to move the obstruction to their easementary rights.

(3.) The contesting defendant Nos. 1 and 2 filed an application for dropping the proceedings on the ground that in terms of Section 91 (1) (b) of the Code of Civil Procedure (CPC) no suit with regard to public nuisance or other wrongful act affecting the public could be instituted except by the Advocate General or by two or more persons after they had obtained leave of the Court. On 07.04.2015 the Court passed an order on this application, relevant portion of which reads as follows: