COMMON JUDGMENT :-

These two second appeals are being disposed of by a Common Judgment.

2. On 30.10.1998, these two second appeals are admitted on the strength of the substantial questions of law raised in Ground No.3 of the Memorandum of Grounds in the respective second appeals. The said substantial questions of law shown in Ground Nos.3(a) and (b) are as hereunder:

(a) Whether the plaintiff can file the suit against the 1st defendant without the leave of the trial Court as contemplated under Section 91 of the Code of Civil Procedure as the only allegation of the plaintiff in the suit is the 1st defendant is attempting to construct a compound wall at the other end of the 30' wide public road abutting to his house by encroaching upon it, which amounts to a public nuisance and in no way a private grievance?

(b) Whether the observation of the learned appellate Judge in Paragraph 11 of his judgment to the effect that the counter-claim filed by the 1st defendant can be made only in a money suit and not in a suit for injunction and therefore the counterclaim of mandatory injunction of the 1st defendant is not maintainable under the provisions of Order VIII Rule 6 of the Code of Civil Proce

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