In The Court Of Sub Judge : …………………………..
Suit No.:______ of 20………..
……………………………………………………………………………………..Plaintiff
Versus
……………………………………………………………………………………..Defendants
(SUIT UNDER SECTION 91 OF THE CODE OF CIVIL PROCEDURE 1908 FOR ACTS WHICH
ARE PUBLIC NUISANCE EFFECTING PUBLIC AND LIKELY TO EFFECT PUBLIC)
SUIT FOR DECLARATIONS, PERMANENT AND MANDATORY INJUNCTION UNDER SECTION
91 OF THE CODE OF CIVIL PROCEDURE 1908 AND OTHER PROVISIONS
The Plaintiffs Most Respectfully State And Submit As Under :
1. The present suit is being filed by the Plaintiffs seeking the reliefs of
declarations, mandatory and permanent injunctions against the Defendants
against the acts which are public nuisances effecting the general members of
public and such acts which are likely to effect such members. The said suit is
being filed against the defendants seeking the reliefs that they are refrained
from indulging such acts and forthwith stop such unlawful and illegal acts
which have and are likely to create public nuisance and other wrongful acts
effecting the public more particularly the people living in the
surrounding area. The present suit is being filed in the representative
capacity by the Plaintiff for themselves and other members of general public
seeking this Hon'ble Court's intervention and indulgence so as to stop and save
the entire locality from the acts of omission and commission being committed by
the Defendants hereinafter mentioned.
In The Court of Sub Judge: ……………………………
Suit No.:______ of 20………..
………………………………………………………………………………………………..Plaintiff
Versus
………………………………………………………………………………………………..Defendants
Application under Section 80 (2) of the CPC
Respectfully Sheweth:
1. That the Plaintiffs/applicants have on this day filed the accompanying
suit seeking the reliefs of declaration and injunction against the
defendants. The plaintiffs/applicants crave leave to refer to the
contents and averments contained in the plaint at the time of hearing and
disposal of the present application, the contents whereof are not being
reproduced herein for the sake of brevity and may be read as part of this
application.
2. That the subject matter of the accompanying suit filed by the
Plaintiffs/Applicants concerns various acts affecting public and such other and
further acts which are public nuisance and likely to affect general members of
the public. The accompanying suit is being filed by invoking the
provisions of Section 91 of the CPC and the leave of the court has been sought
as required under the said provisions by a separate application.. The
plaintiffs/applicants submits that if the acts of omission ad commission being
committed by the defendants are allowed to sustain and continue the public
shall suffer grievous, irreparable harm, injury and loss.
3. ______
4. That there exists a very plausible and sustainable cause of action in
the facts and circumstance disclosed in the Plaint. That there exists a
prima facie case in favour of the Plaintiffs and severe loss, harm and injury
shall be caused if the reliefs prayed for herein are not granted. No
prejudice shall be caused to the Defendants if the leave prayed for herein is
granted. That in the event prior notices are for sixty days are served,
grave prejudice shall be caused in as much as the nuisance complained off
affect the public at large.
5. The present application is bonafide and is being made in the interest
of justice.
WHEREOF it is most respectfully prayed that this Hon'ble Court may be
pleased to:-
(a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to
maintain the accompanying suit without compliance with Section 80 (1) of the
CPC 1908. (b) Pass such further and other orders as this Hon'ble Court
may deemed fit and proper in the facts and circumstances of the case.
…………………………….
Plaintiffs/Applicants
……………………………..
Through, Advocate
In The Court of Sub Judge : ……………………..
Suit No.:______ of 20………..
………………………………………………………………………………………………..Plaintiff
Versus
………………………………………………………………………………………………..Defendants
Affidavit in support of application under Section ________ of CPC
I, ___________________________________ , do hereby solemnly affirm and declare
as under:-
1. That the accompanying application has been prepared under my
instructions.
2. That the contents of paras 1 to __________ of the accompanying
application are correct and true.
3. That I further solemnly affirm and declare that this affidavit of mine is
correct and true, no part of it is false and nothing material has been
concealed therein.
Affirmed here at Coimbatore this the ______________________ .
Deponent
In The Court Of Sub Judge:…………………..
Suit No.:______ of 20………..
………………………………………………………………………………..……………………Plaintiff
Vs
………………………………………………………………………………..…………………… Defendants
Application under Section 91 (1) (b) of the Code of Civil Procedure
Respectfully Sheweth:
1. That the Plaintiffs/applicants have on this day filed the
accompanying suit seeking the reliefs of declaration and injunction against the
defendants. The plaintiffs/applicants crave leave to refer to the
contents and averments contained in the plaint at the time of hearing and
disposal of the present application, the contents whereof are not being
reproduced herein for the sake of brevity and may be read as part of this
application.
2. That the subject matter of the accompanying suit filed by the
Plaintiffs/Applicants concerns various acts affecting public and such other and
further acts which are public nuisance and likely to affect general members of
the public. The accompanying suit is being filed by invoking the provisions
of Section 91 of the CPC and the leave of the court is required to be
sought per the said provisions by a separate application.. The
plaintiffs/applicants submits that if the acts of omission ad commission being
committed by the defendants are allowed to sustain and continue the public
shall suffer grievous, irreparable harm, injury and loss.
3. ______
4. That there exists a very plausible and sustainable cause of action in
the facts and circumstance disclosed in the Plaint. That there exists a
prima facie case in favour of the Plaintiffs and severe loss, harm and injury
shall be caused if the reliefs prayed for herein are not granted. No
prejudice shall be caused to the Defendants if the leave prayed for herein is
granted. That in the event prior notices are for sixty days are served,
grave prejudice shall be caused in as much as the nuisance complained off
affect the public at large.
5. The present application is bonafide and is being made in the interest
of justice.
WHEREOF it is most respectfully prayed that this Hon'ble Court may be pleased
to:-
(a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to
maintain the accompanying suit without compliance with Section 80 (1) of the
CPC 1908. (b)Pass such further and other orders as this Hon'ble Court may
deemed fit and proper in the facts and circumstances of the case.
………………….
Plaintiffs/Applicants
______
Through, Advocate
In The Court Of Sub Judge:…………………
Suit No.:______ of 20………..
………………………………………………………………………………………..………………Plaintiff
Versus
…………………………………………………………………………………………………………Defendants
Affidavit in support of application under Section _______ of CPC
I, __________________________, do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to ____ of the accompanying application are
correct and true.
3. That I further solemnly affirm and declare that this affidavit of mine
is correct and true, no part of it is false and nothing material has been
concealed therein.
Affirmed here at Shimla this the ______ .
Deponent
In The Court Of Sub Judge: ………………………….
Suit No.:______ of 20………
…………………………………..……………………………………………………………. Plaintiff
Versus
……………………………………………………………………………………………….. Defendants
Application under Section 31 (1) &
(2) of Code of Civil Procedure
Respectfully Sheweth:
1. That the Plaintiffs/applicants have on this day filed the accompanying
suit seeking the reliefs of declaration and injunction against the
defendants. The plaintiffs/applicants crave leave to refer to the
contents and averments contained in the plaint at the time of hearing and
disposal of the present application, the contents whereof are not being
reproduced herein for the sake of brevity and may be read as part of this
application.
2. That the subject matter of the accompanying suit filed by the
Plaintiffs/Applicants concerns various acts affecting public and such other and
further acts which are public nuisance and likely to affect general members of
the public. The accompanying suit is being filed by invoking the
provisions of Section 91 of the CPC and the leave of the court has been sought
as required under the said provisions by a separate application.. The
plaintiffs/applicants submits that if the acts of omission ad commission being
committed by the defendants are allowed to sustain and continue the public
shall suffer grievous, irreparable harm, injury and loss.
3. ______
4. That there exists a very plausible and sustainable cause of action in the
facts and circumstance disclosed in the Plaint. That there exists a prima
facie case in favour of the Plaintiffs and severe loss, harm and injury shall
be caused if the reliefs prayed for herein are not granted. No prejudice
shall be caused to the Defendants if the leave prayed for herein is
granted. That in the event prior notices are for sixty days are served,
grave prejudice shall be caused in as much as the nuisance complained off
affect the public at large.
5. The present application is bonafide and is being made in the interest
of justice.
WHEREOF it is most respectfully prayed that this Hon'ble Court may be pleased
to:-
(a) Grant leave to the Plaintiffs/Applicants under Section 80 (2) of the CPC to
maintain the accompanying suit without compliance with Section 80 (1) of the
CPC 1908. (b) Pass such further and other orders as this Hon'ble Court may
deemed fit and proper in the facts and circumstances of the case.
…………………………………..
Plaintiffs/Applicants
______
Through, Advocate
In The Court Of Sub Judge: ……………………..
Suit No.: ______ of 20……….
………………………………………..………………………………………………………………Plaintiff
Versus
………………………………………………………………………………………………………..Defendants
Affidavit in support of application under Section ______ of CPC
Affirmed here at ………………….. this the _________ .
Deponent
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