NIRMAL KUMAR SAHA Vs. GOKUL CHANDRA SAHA & ANR
LAWS(CAL)-2019-5-54
HIGH COURT OF CALCUTTA
Decided on May 17,2019

NIRMAL KUMAR SAHA Appellant
VERSUS
Gokul Chandra Saha And Anr Respondents

JUDGEMENT

Subhasis Dasgupta - (1.) The impugned order dated 3rd May, 2018, passed by Learned Civil Judge (Junior Division), 3rd Court, Sealdah in Title Suit No.109 of 2004, rejecting the application dated 17.5.2017 filed by the petitioner/defendant praying for repairing is the subject of challenge in this revisional application under Article 227 of the Constitution of India.
(2.) Learned advocate for the petitioner submitted that learned court below proceeded to reject the application dated 17.5.2017, proposed for undertaking plastering as well as repairing work simply to protect the suit building situated in 'B' schedule property from being further dilapidated and/or damaged, merely looking at the 'B' schedule property appended in schedule to the plaint without considering the averment contained in para '2' of the plaint showing existence of an incomplete pucca structure situated in 'B' schedule property. Thus, learned court below acted without his jurisdiction in a most improper manner, while rejecting the prayer incorporated in the petition dated 17.5.2017 causing serious prejudice to petitioner/defendant.
(3.) It was contended that for the ensuing rainy season the suit building constructed long before should be allowed to undertake plastering work, both inside and outside, together with necessary repairing simply to make it habitable in order to meet up crisis of accommodation for the family members of defendant residing in the ground floor of the suit building pertaining to 'B' schedule property.;


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