RAMJIDAS AGRAWAL Vs. MADANLAL BAGGA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner is challenging the validity of the impugned order dated 13.7.2010 passed by learned trial Court dismissing the application under section 151 of CPC filed by the plaintiff/petitioner.

(2.) By this said application, the plaintiff has sought the following relief :

(3.) Shri D.D. Bansal, learned counsel for the petitioner contended that a wall which is adjacent to the wall of the defendant is in dilapidated condition, and on account of rainy season the rain water is still causing more damage to it and because the plaintiff is unable to get it repaired from the side of the defendant, therefore, learned counsel submits that he is ready to bear the entire expenses and will depute the labourers who shall repair the wall from the side where the defendant is residing because without entering in the house of the defendant that wall cannot be repaired.