Discussion
A suit alleging 'public nuisance' can be instituted by;
(A) Advocate General of the State.
(B) By two or more persons, who have suffered the damage.
(C) By two or more persons, with the leave of the Court, even though no special damage has been caused to them.
(D) A member of the local body.
Which of the following combination is correct?
Answer: B
The correct combination is (A) & (C).
Under Section 91 of the Code of Civil Procedure, 1908, a suit for a declaration, injunction or other relief in respect of a public nuisance may be instituted by the Advocate General, or by two or more persons with the leave of the Court, even though no special damage has been caused to them.
Statement (B) misses the point of the section: persons who have suffered special damage can sue in their own right, but Section 91 is the route for a public nuisance where no special damage is needed. A single member of the local body (D) has no standing under the section, so the combinations with (B) or (D) are wrong.
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