Permanent Injunction–Suit for –Decreed–Plaintiff sought to restrain the defendants from not creating any hindrance/obstruction in the part of the public way–The disputed site was proved the part of a public way by oral and documentary evidence–Report of Commissioner was also exhibited and proved–Suit of the plaintiff cannot be dismissed merely on the ground that he did not claim the relief for declaration of the public way–Further, the dispute is in regard to a public way, therefore, the civil Court has jurisdiction for deciding the case–Furthermore, objection for not filing the suit by following the procedure of Order 1, Rule 8 is also not sustainable as the plaintiff claimed the way in question as a public way and did not claim any personal right.
