Law: Civil Procedure Code (V of 1908)

Section: 91,8

Civil Procedure Code, 1908 (V of 1908)--

----S. 91, O.I R. 8--Project for reconditioning of road--Invitation for bids--Deviation from approved project--Writ petition in representative capacity--Non-obtaining of permission of A.G.--Disposed of--Permission was to be applied by person desirous of suing on behalf of numerous persons, or of suing numerous persons in representative capacity, or by a defendant wanting to defend on behalf of numerous persons in a representative capacity--The writ petition was filed in representative capacity without obtaining permission from Court as required under Order I, Rule 8, CPC, hence, leaving aside merits of case writ petition was liable to be dismissed on that sole ground--Permission of AG had also not been obtained by petitioners before filing writ petition--Writ petition filed by petitioners was even liable to be dismissed for not complying with provisions of Order I, R.8 read with Section 91, CPC and High Court, although on other grounds, committed no illegality in dismissing writ petition--Petition dismissed.



2005 CLC 144, 2005 YLR 1742 & 2004 MLD 1671 ref. 2018 SCR 1220.

General Clauses Act, 1897 (X of 1897)--

----S. 2(44)--Pakistan Penal Code, (XLV of 1860), Ss. 9, 268--Public nuisance--In accordance with Section 2(44) of General Clauses Act, 1897, it is to be given same meaning as is assigned to it by Section 268 of Pakistan Penal Code, 1860, which defines public nuisance as any act or illegal omission which causes common injury, danger or annoyance to public or to people in general who dwell or occupy property in vicinity or which must necessarily cause injury--Obstruction, danger or annoyance to persons who have occasion to use any public right--Section 91 provides that such type of legal action is required to be initiated with consent of the Advocate General in writing.

 

ORDER

Raja Saeed Akram Khan, C.J.--The petitioners, who are residents of Chanat Tehsil Dhirkot District Bagh, LA-XIV, Bagh-I, claim that a project for the reconditioning of the Channat to Mandri road, was approved, and an invitation for bids was issued on 17.06.2022. They allege that the respondents are attempting to deviate from the approved project by constructing a new road and misuse the allocated funds meant for road reconditioning. They filed a writ petition before the High Court which has been disposed of through the impugned judgment.