SOATA CONSTRUCTION Vs. DILIP KUMAR DAS

JUDGEMENT

(1.) This revisional application is directed against an order dated 14th August, 2013 passed by learned Civil Judge (Junior Division), 2nd Court at Sealdah, in Title Suit No.64 of 2003 renumbered as Title Suit No.375 of 2003 at the instance of the defendant No.2. It reveals from the record that plaintiff/opposite party No.1 filed a suit being Title Suit No.64 of 2003 praying, inter alia, for following reliefs:

(2.) In the said suit the plaintiff has stated in paragraph 4 that

(3.) The plaintiff filed an application in the said suit under Section 151 of the Code of Civil Procedure and, inter alia, prayed for permission to the plaintiff to clean the drain without damaging and/or changing the character of the same. Mr. Rameswar Bhattacharjee, learned advocate appearing for the defendant/petitioner, submits that his client filed an objection to the said application filed by the plaintiff under Section 151 of the Code of Civil Procedure. In paragraph 1 of the said application the defendant-petitioner stated, inter alia, that