Suits Relating to Public Matters — Public Nuisance & Charities (ss.91–93) — CPC & Limitation Act Notes

Suits Relating to Public Matters — Public Nuisance & Charities (ss.91–93)

A factory dumps waste into a lake that a whole town uses. No single person has suffered a special, personal loss — so who can sue to stop it? The Code answers: the community, through a representative suit with the court’s leave.

What ss.91–92 do

When a wrong hurts the public at large rather than one individual, ordinary suit rules would leave nobody with standing. Sections 91 and 92 create a special “public interest” suit.

s.91 — Public nuisance. A suit for declaration, injunction or other relief for a public nuisance or wrongful act affecting the public may be filed (a) by the Advocate-General, or (b) by two or more persons with the leave of the court, even if no special damage was caused to them.
s.92 — Public charities and trusts. For a breach of an express or constructive public charitable or religious trust, a suit for removing a trustee, framing a scheme, accounts, etc., may be filed by the Advocate-General, or by two or more persons interested in the trust with the leave of the court.
s.93. The powers of the Advocate-General may also be exercised by the Collector (or an officer the State appoints) with the State Government’s sanction.

The common thread: a representative suit to protect a public right, needing either the Advocate-General or the court’s leave.

Section 91(1) CPC: “In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted — (a) by the Advocate-General, or (b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.”

In Simple Terms: Wrongs against the whole public can be challenged by the Advocate-General, or by two or more citizens if the court permits — no need to prove a personal loss.

flowchart TD
    ROOT["Wrong affecting the public"]:::root
    ROOT --> A["s.91 — public nuisance"]:::leaf
    ROOT --> B["s.92 — public charitable / religious trust"]:::leaf
    A --> C["Advocate-General OR two or more with leave"]:::leaf
    B --> C
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Swami Parmatmanand Saraswati v Ramji Tripathi (1974) — a s.92 suit is a representative suit to protect a public trust; it lies only for enforcing a public right, not a private grievance.
R. Venugopala Naidu v Venkatarayulu Naidu Charities (1989) — a decree in a s.92 suit binds all persons interested in the trust.

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