PRADIP KUMAR DAS Vs. BIJOY TALUKDAR

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.28 dated June 30, 2008 passed by the learned Civil Judge (Junior Division), Barrackpore in Title Suit No.296 of 2005 thereby rejecting an application under Section 151 of the CPC for repair of the premises in suit.

(2.) THE plaintiff/opposite party herein instituted a suit being Title Suit No.296 of 2005 against the petitioner for recovery of possession and other reliefs. THE defendant/petitioner is contesting the said suit and he filed an application under Section 151 of the CPC praying for giving necessary direction upon the plaintiff to repair the suit premises. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) IN a catena of the decisions like Somnath Mukherjee v. Mamata Rani Saha reported in 2006(3) CHN 213, Kartick Chandra Bhandari v. Ashim Kumar Samanta reported in 2008(2) CLJ (Cal) 20, Manisha Roy & Ors. Biplab Sengupta & Ors. reported in 2007(2) CHN 636, this Hon'ble Court has held that in spite of the specific provision empowering the Rent Controller to take such measures, when a suit under Section 6 of the 1997 Act is pending, the Civil Court is quite competent to entertain such application.