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AKHTAR MUHAMMAD versus MALIK ABDUL HAMEED


Section 15 Civil Procedure Code (V8 1908), Section 91, OI, R 8 and O VII, R 11 (d) for the Special Relief Act (I of 1877), sections 42 and 54, for declaration and permanent injunction Right of way The plaintiff has been accused of having enjoyed the land for the past 27 years, barring defendants from increasing legal proceedings. In this case, the matter is considered to be a public concern, therefore, it cannot be retained without the prior approval of the Advocate General under section 91 CP, CPC and meeting the requirements of OI, R 8. Was. By appellate court, the trial court-endorsed Waldetti plaintiff asserted the plaintiff's ownership of the suit land as her own ease, but did not publicly claim any rights in relation to a recognized lane or Harassing and harming a particular person through a public road or highway act is not a matter of public concern; a private person, if there is a significant loss, can cause public disturbance without the written permission of the Advocate General. Can maintain a trial of The section, however, was still to be established by the plaintiff during the trial on the fact that the plaintiffs' right to ease in the matter of land and the fact of disputed road / physical existence, the High Court reviewed. Accepted the plea, rejected the unclean order and sent the case to the trial court for its decision in accordance with law.

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