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6. The prayer in the plaint of the appellants/plaintiffs will perforce have to be tested on the touchstone of a private actionable wrong causing any damage to them or invading their private rights.

7. Be it noted that appellant/plaintiff no.2 M/s Goyal Gases Private Limited is a private limited company within the meaning of Companies Act, 1956 having its registered office in New Delhi whereas appellant/plaintiff no.1 is the Managing Director of the company. Mr.Ravi Chawla, appellant/plaintiff no.3 is a resident of B- 43, Maharani Bagh, Delhi, who is also said to be concerned with the suit.

14. The First Appellate Court, on the other hand, taking note of the fact as stated above, that the application seeking sanction of the court not having been moved or pressed for many years during the prosecution of the Trial and the appellant/plaintiff no.3 not having given his evidence with regard to the nuisance, held that the appellants/plaintiffs did not have any locus to file the suit.

15. Clause 2 of Section 91 of the CPC makes it very clear that the requirement of Section 91 CPC does not limit the individual rights of the parties to approach the court for any actionable wrong.