MANINDRALAL KARMAKAR Vs. AKHIL KUMAR CHANDRA

JUDGEMENT

(1.) -In this revisional application under section 115 of the Code of Civil Procedure, order No.173 dated 7.2.96 passed by learned Munsif, 2nd Court at Berhampore in O.S. No. 265 of 1980 whereby the petitioner's application under section 5 of the Limitation Act accompanied with an application under section 148 and 151 CPC was dismissed.

(2.) The petitioner was the defendant in O.S. No. 265 of 1980, filed by the respondent herein praying for eviction of the petitioner on the ground of default and other grounds. The petitioner got summons on 14.2.81 but could not enter appearance within one month in accordance with section 17(1) of West Bengal Premises Tenancy Act (the said 'Act'). He filed an application under section 17(2A)(b) of the said Act coupled with an application under section 5 of the Limitation Act praying condonation of delay on the ground of illness. The learned trial Judge disbelieved his illness and dismissed the application. The High Court in revision did not interfere with the order of the learned trial Judge. Thereafter the petitioner deposited the arrear rents reportedly by incurring loans and also current rents under section 17(1) and thereafter filed two applications under section 148 and 151 CPC and another under section 5 of the Limitation Act praying for accepting the deposits as valid. The learned trial Judge disposed of the applications by his impugned order in following terms.

(3.) Against the aforesaid order the present revisional application has been filed.