Soumen Sen - (1.) THE instant revisional application is arising out of an order dated 3rd February, 2012 passed by the learned City Civil Court at Calcutta, 10th Bench, in Title Suit No.17 of 2011.
(2.) THE petitioner filed an application under Section 151 of the Code of Civil Procedure for police help. THE learned Court by the impugned order considered two applications, one filed by the plaintiff under Section 151 of the Code of Civil Procedure for police help and another application filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, for removal of rolling shutter of the plaintiff?s shop room to the original position as it was prior to 16th December, 2010 on the ground that the plaintiff removed the previous rolling shutter and re-installed the same with a new one which was outside the original position of the plaintiff?s shop room. The application filed by the defendant was dismissed. In considering the application under Section 151 of the Code of Civil Procedure filed by the plaintiff, the Trial Court recorded that there was a proceeding initiated by the plaintiff before the Calcutta High Court in writ jurisdiction in which an order was passed directing the Commissioner of Police to examine as to whether the petitioner would be entitled to posting of police guards at his expense at the suit premises. The application under Section 151 of the Code of Civil Procedure was not considered on merits in view of such observation made by the Hon?ble Justice Jayanta Kumar Biswas in W.P.no.757 of 2011 in His Lordship?s order dated 9th August, 2011. The learned Counsel appearing on behalf of the petitioner submits that the said order dated 9th August, 2011 does not preclude the Court from considering the application filed under Section 151 of the Code of Civil Procedure for issuing a direction upon the Commissioner of Police and/or any of his subordinate officers to render police help to the petitioner and to get a strict vigil so that the defendant or his agents could not cause any obstruction in the repairing work of the suit property. The scope of the writ petition and the application under Section 151 which was considered by the learned Trial Judge are completely different and it is settled law that under Section 151, the Court can pass an order for police help to ensure that the order passed by the Court is not being flouted and to prevent any attempt being made by a party to make the said order infructuous. The reason for disposing of the said application under Section 151 is on total misreading of the order passed by the Writ Court on 9th August, 2011.
(3.) ON an application filed by the petitioner for repairing of the said shop room, an order was passed on 4th February, 2011, recording that a settlement has been reached between the parties to the suit in respect of their respective tenanted portion in presence of Officer-in-Charge, Amherst Street including the local Police Station and certain terms have been agreed upon and acted upon by the parties. The said order refers to the settlement on behalf of the defendant that there would be no objection if the said shop is repaired as per the terms of the settlement dated 20th December, 2010. The plaintiff complaints that in willful and utter disregard to the order dated 4th February, 2011, the defendant prevented the plaintiff from carrying out such repairs in terms of settlement dated 20th December, 2010. The Police Authorities were approached but the necessary assistance was not extended to the petitioner. The petitioner appears to have initiated a contempt proceeding. It appears that during the pendency of the contempt proceeding on an application filed by the plaintiff under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, an order was passed on 4th July, 2011 restraining the opposite parties from obstructing the plaintiff from carrying out lawful repairing work in respect of the suit property. The plaintiff contends that even after the said order the defendant obstructed the plaintiff from carrying out the said repairing work.;