Code of Civil Procedure, 1908–Sec. 91–Representative suit for public
nuisance and wrongful acts–Leave–Allowed by Court below–Justification–Respondent-petitioner raised the construction over his own land after obtaining the due permission–Order of granting permission for raising the construction was appealable u/s. 194(2) of Rajasthan Municipal Act, 2009–Notice for defamation served by plaintiff no. 1 revealing that he was using the plaintiff no. 2 as his shadow to complete the number of minimum two persons–His
corrupt and oblique motive is also revealing in the notice–Case of gross abuse of law by a practicing advocate for his ulterior motive–Impugned order of granting of leave is set aside and suit is dismissed with cost of Rs. 50,000/-.
