SABYASACHI BHATTACHARYYA,J. - (1.) The present revision has been taken out by a defendant in an eviction suit, against an order by which an application filed by the petitioner for repair of the suit premises was refused on the ground that such repair would amount to re-construction of the suit premises, which was not permitted in law.
(2.) It may be mentioned at the outset that the application was couched as one under Order 39 Rules 1 and 2 of the Code of Civil Procedure. However, the nature of the prayer and the tenor of the application reveal that the same was for permission to effect repair to the suit premises and was not an application strictly under the provisions of Order 39 Rules 1 and 2 of the Code.
(3.) The present revisional application is entertained on such premise.;