Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11&S.91

(a) Specific Relief Act (I of 1877)--- ----S. 54----Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 91---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for permanent injunction---Rejection of plaint---Principles---Public nuisance---Permission of Advocate General for filing suit on ground of nuisance under S.91, C.P.C.---Scope---Section 91 of C.P.C. provided that suit for declaration or injunction in respect of public nuisance could be filed by two or more persons with permission of Advocate General---Exception, however, was there, that principle as embodied in S.91(2) of C.P.C., which provided that provision of S.91(1), C.P.C. would not limit or otherwise affect any right of suit, which might exist independently---Plaintiff had claimed that conversion of residential unit into commercial unit (car showroom) had disturbed their peace, privacy and security, and that they would face constant disturbance and agony along with their families due to said illegal conversion---Plaintiff, on basis of said claims, had independent right to sue, and no permission of Advocate General was, therefore, required for filing of present suit---Present suit contained multiple prayers and permission of Advocate General under S.91 of C.P.C. would be required only to the extent of prayer regarding said conversion and not regarding other reliefs prayed for by plaintiff---Plaint could not be rejected in piecemeal---Plaint could only be rejected if all reliefs claimed by plaintiffs were barred under law---Even if one of the prayers was maintainable, plaint could not be rejected under O. VII, R.11 of C.P.C.---Constitutional petition was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)---- ----O. VII, R. 11----Rejection of plaint---Principles----Plaint cannot be rejected in piecemeal---Plaint can only be rejected if all reliefs claimed by plaintiffs are barred under law---Even if one of the prayers is maintainable, plaint cannot be rejected under O.VII, R.11 of C.P.C. (c) Civil Procedure Code (V of 1908)---- ----S. 91----Specific Relief Act (I of 1877), Ss. 42 & 54---Public nuisance---Permission of Advocate General for filing of…

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