Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Civil Procedure Code (V of 1908), S. 91 6 O. VII, r.11--Public nuisance--Suit in representative capacity without obtaining prescribed sanction--Competency of--Plea that plaint also, disclosed a personal grievance of residents of locality which was a private personal nuisance and suit was competent even without permission provided under S.91, C.P.C., repelled--Supreme Court concurring with orders of three Courts observed that in substance it was a case of public nuisance and was not competent without prescribed sanction--Case of personal nuisance confined to a locality or a smaller group not identifiable with public in general--Rejection of plaint would not preclude petitioners from recasting their grievance so as to make it competent in law--Leave to appeal refused. Muhammad Bashir and 5 others v. Allah Dad and another PLD 1980 Lah. 141; Muhammad Ilyas Hussain v. Cantonment Board, Rawalpindi P L D 1976 S C 785 and Pakistan National Oils Ltd. and another v. Sattar Muhammad 1980 SCMR 686 ref. Ch. A. Waheed Saleem, Advocate Supreme Court assisted by Hamid Aslam, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 4th May, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioners who have been unsuccessful in all the three Courts in avoiding the rejection of their plaint under Order VII, rule 11, C.P.C. on the ground that the suit was barred under section 91 of the Civil Procedure Code seek leave to appeal against the judgment of the Lahore High Court, dated 17-9-1984 whereby a civil revision filed by them was dismissed. The petitioners filed a suit in representative capacity seeking an injunction against the proposed auction of a site adjoining the locality where they resided under the Regulation of Mines and Oilfields and Mineral Development (Government Control) Act, 1948 for excavating stones. The cause of action disclosed in the plaint was that the hill adjoining their locality known as Dar-ul-Fazal Rabwah was being leased out for excavating stones. The hill adjoined a public graveyard of International importance, a mosque where all the people of the locality gathered and was in close proximity to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492