- (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: a) For a Decree for Declaration that the Plaintiff has got legal right to use the suit property in common having all easement and appurtenance right thereto and the Defendant has got no right to obstruct the Plaintiff for the user of the said passage ; b) For a Decree for Permanent Order of Injunction restraining the Defendants and their men and agents for causing any obstruction and interference to the user of the said passage by the Plaintiff and further restraining them from changing the nature and character of the Passage.
(2.) In the said suit the plaintiff has stated in paragraph 4 that "4. That the Defendants all and on sudden with malafide motive and object since some time past is creating obstruction and disturbance to the free ingress and egress to the said passage and even trying to put a block on the mouth of the passage abutting to main Rajendra Lal Mitra Road and thereby the sewerage line passing through the common passage cannot be cleansed by the Sweeper creating smell and pollution & thereby put the Plaintiff into great duress & hardship."
(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 "1) That the plaintiff by suppression of material facts filed an application in this suit without service any copy thereof upon the lawyer of the defendant for cleaning the alleged drain upon which the plaintiff has no right, title, interest in any part or portion of Premises No.3A, Raja Rajendra Lal Mitra Lane, Kol-85 and therefore if any order for cleaning of ( not legible) alleged drain passed by the Ld. Court, the said order may be passed without prejudice to right and contention of the defendant in respect of the premises of the defendant being Premises No.3A, Raja Rajendra Lal Mitra Lane, Kol-85. It is mentioned here that in any part or any portion and also in the drain of Premises No.3A, Raja Rajendra Lal Mitra Lane, Kol-85, the plaintiff has got no right, interest and possession over the said premises of the defendant. The plaintiff is the owner of Premises No.2, Raja Rajendra Lal Mitra Lane, Kol-85 and as such no order may be passed in respect of Premises No.3A, Raja Rajendra Lal Mitra Lane, Kol-85.";