SUDEB HAZRA Vs. RAMPRAKASH SHAW

JUDGEMENT

(1.) The revisional application arises out of an order dated November 22, 2022, passed by the learned Civil Judge (Junior Division), 7th Court at Howrah in Title Suit No.593 of 2022.

(2.) By the order impugned, the learned court allowed an application under Sec. 5 of the Limitation Act, seeking condonation of delay in filing the application under Ss. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act'). The application for condonation was filed by the defendant/opposite party on September 15, 2022.

(3.) The learned court below was of the view that although the application under Ss. 7(1) and 7(2) of the said Act was filed after one month from the receipt of summons and the specific statutory period was not complied with, the delay should be condoned as the tenant was not to be blamed. The omission of the learned advocate to take steps within time, was a good ground to condone the delay caused in filing the applications under the said Act.