LAWS(CAL)-2015-10-44

TAJMUL HOSSEIN Vs. KHODA NAWAJ AND ORS.

Decided On October 13, 2015
Tajmul Hossein Appellant
V/S
Khoda Nawaj And Ors. Respondents

JUDGEMENT

(1.) HEARD learned Advocate for the parties.

(2.) IN the instant revisional application, the petitioner being the plaintiff -landlord (hereinafter referred to as the petitioner) has assailed the Order No. 36 dated 6th September, 2013 passed by the learned Judge, 5th Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 232 of 2006.

(3.) THE averments in paragraph 10 of the revisional application reveals that the opposite parties filed the application under Section 151 of the Code of Civil Procedure praying for disposal of the application under Section 5 of the Limitation Act and prayed for condonation of delay in filing the application under Section 7(2) of the Act and while disposing of the said application by Order No. 33 dated 25th April, 2013, he condoned the delay in filing such application under Section 7(2) with further observation that the opposite parties never deserve favourable order but that application was allowed by the learned court below subject to payment of costs of Rs. 1,500/ - payable to the plaintiff/petitioner herein.