Civil Procedure Code, 1908 (V of 1908) S. 91, Order 1 Rule 10 - Consideration while deciding application under Order I Rule
10 CPC are always different - Pleas such as the plaintiff is a dominus litus etc. are to be evaluated for deciding application under Order I Rule 10 CPC - If contents as also cause of action
of application under Order 1 Rule 10 CPC is not commensurate with the contents and cause of action of the main suit, in which such application is filed, then there would not be any chance of
success of application under Order I Rule 10 CPC - In short, considerations for evaluating merits of application under Section 91 CPC are entirely different than those which are available for
deciding application under Order I Rule 10 CPC.(179) P.L.R.
Civil Procedure Code, 1908 (V of 1908) S.91 - Application is to be adjudicated confining consideration to the averments
made in the application under Section 91 CPC without any reference to other pleadings or material or evidence of the defendants - Since pleadings of the respondents-plaintiffs alone were to
be seen and were gone into before grant of permission under Section 91 CPC, there is nothing wrong in order - Pleadings as also documents to be propounded by the respondents could not have
been considered by the lower court.(179) P.L.R.
Civil Procedure Code, 1908 (V of 1908) S.91 - It is a matter of evidence to be adduced by the parties that public nuisance
and other wrongful acts affecting the public have been caused or not? - At this stage it can not be said that the building has been constructed by the petitioners after obtaining necessary
statutory permissions from the concerned authorities - Summary dismissal of application under Section 91 CPC is not legally permissible.(179) P.L.R.