DIPAK KUMAR SARKAR Vs. ASHOK KUMAR SARKAR

JUDGEMENT

(1.) This revisional application is directed against the order dated March 15, 2011 passed by the learned Civil Judge (Senior Division), 2nd Court, Howrah in Title Suit No. 247 of 2009 thereby rejecting an application under Sec. 151 of the Code of Civil Procedure

(2.) The Plaintiff/opposite party instituted a suit for partition before the learned Civil Judge (Senior Division), 2nd Court, Howrah against the Defendant. The Petitioner is contesting the said suit. He filed an application on February 24, 2011 under Sec. 151 of the Code of Civil Procedure praying for passing an order to enable the Petitioner to repair the existing dilapidated underground pipe line situated at premises No. 41/24, Makardaha Road which is connected with a well lying in the portion of the premises occupied by the Plaintiff. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.