RISHU BAG Vs. SHEFALI MAITRA

JUDGEMENT

(1.) The impugned order No.102 dated 20.2.2018 passed by the Learned Civil Judge, (Junior Division), 4th Court, Serampore in Title Suit No.209 of 2013 rejecting the prayer of the petitioner dated 4.5.18 under Section 151 C.P.C. praying for repairing of the suit property is the subject of challenge in this revisional application under Article 227 of the Constitution of India.

(2.) Learned advocate for the petitioner adverting to copy of the petition under Section 151 C.P.C. praying for repairing, enclosed with this revisional application, submitted that the residential room in the possession of the petitioner/proforma defendant no.19 (original pro-defendant no.14) had been severely damaged for some of the tiles having been broken, bamboos being damaged needing immediate repairing otherwise, the room with tile-sheded not only will be dangerous for leaving, but will be subjected to further damage during the ensuing rainy season, and the necessity of repairing had not been duly appreciated by the learned court below, while making consideration of the prayer for repairing.

(3.) Learned advocate for the petitioner further submitted that by rejecting the prayer for repairing the learned court below had illegally exercised his authority without having properly understood the purport of the petitions filed by the petitioner praying for repairing.