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Head Note

The Code of Civil Procedure, 1908  - Order I Rule (8) , The Limitation Act, 1963  - Section 23

Maintainability of the suit - Suit for permanent injunction - Allegation that defendant encroached upon substantial part of the disputed street - Trial Court decreeing the suit directing the removal of unauthorized construction from the ground - Defendants further restrained from raising any further construction in future on the aforesaid street - Decree passed by Trial Court affirmed by the First Appellate Court and High Court - High Court holding that suit not barred by limitation as an encroachment on public street is a continuing wrong and there exists a continuing cause of action - Appeal against - Plea of non-compliance of the provisions of Order I Rule 8 CPC raised by defendant - Suit filed by an aggrieved person whose right to use public street was prejudicially affected - Since affected person himself has filed the suit, the suit cannot be dismissed for alleged non-compliance of provisions of Order I Rule 8 CPC - Evidence on record showing that defendant encroached upon the suit property consisting of the public street - Decree passed by trial Court confirmed - Appeal dismissed.

Topic(s)-Maintainability of the suit

Important Decision(s)- Non-compliance Order I Rule 8 CPC not fatal when affected person himself filed the suit.