Back
CHATTISGARH HIGH COURT
, J
Bhupendra Singh Babara and Another v. Municipal Council Ambikapur and Another
| Table of Content |
|---|
| 1. public nuisance claims require leave under s. 91 cpc. (Para 1 , 6 , 8) |
| 2. modification of damages awarded under s. 35-a due to frivolous claims. (Para 2 , 3 , 16) |
| 3. no written statement required if suit not properly instituted. (Para 4 , 5 , 10) |
| 4. court's jurisdiction and maximum damages determine compensatory costs awarded. (Para 12 , 13 , 15) |
1. The plaintiffs / appellants along with the suit made an application under O. 1, R. 8 of the Code of Civil Procedure and also made a prayer that their suit be treated to be a representative suit or in the alternative their suit be treated to be instituted under S.91 of the Code of Civil Procedure . The respondents / defendants contested the applications and inter alia pleaded that the suit was filed with ulterior motive, the plaintiffs have no civil right in their favour and in a case like present a suit in the representative capacity could not be filed nor it could be deemed to be a suit under S.91 of the Code of Civil Procedure . Though the matter was registered as civil suit but the questions were kept open. The learned trial Court heard the matter mainly on the question whether leave under O. 1, R. 8 of the Code o
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
