SANTI KUMAR JAIN Vs. ANIL KUMAR DATTA

JUDGEMENT

(1.) By this review application under O. 47, R. 1 of the Code of Civil Procedure the defendants/petitioners have prayed for review of the judgment dated 10th December, 1990 passed by the Hon'ble Mr. Justice Amulya Kumar Nandi, as His Lordship was then, in Civil Order No.1516 of 1988.

(2.) The original revision was directed against Order No. 249 dated 6-6-88 passed by the learned Munsif, Lal Bagh, District Murshidabad in Title Suit No. 258 of 1978.

(3.) On behalf of the petitioners it was contended that previously there was an inspection and in the petition for inspection it was stated that the defendants removed the southern window, of east facing room and filled up that portion by brick on 22-3-88. It was found by the Commissioner that the allegation of the plaintiff was not correct.4 By a second petition the plaintiff again prayed for local inspection alleging that the defendants had removed the window on the eastern wall of the southern room. That prayer was allowed by the learned Munsif, which was the subject matter in the revision.