PRADIP SHAW Vs. NAMITA GARAI

JUDGEMENT

(1.) The petitioner herein has assailed the order dtd. 14/2/2022 passed by the Ld. Judge, Bench No. II, Presidency Small Causes Court, Calcutta in connection with Ejectment Case No. 291 of 2009 wherein Ld. Judge rejected the application preferred by the defendant/ petitioner herein thereby declining to grant any permission to deposit the due monthly rent from August 2021 to December 2021.

(2.) The contentious issue involved in this application finds its genesis from a suit for ejectment and recovery of khas possession and mesne profit directed against the predecessor in-interest of the proforma opposite party Nos. 4 to 8 herein in the Court of Ld. Chief Judge, Presidency Small Causes Court, Calcutta which was registered as Ejectment Suit No. 291 of 2009. During the pendency of such suit, the petitioner filed an application under Sec. 151 of the Code of Civil procedure (hereinafter referred to as CPC) on 18/12/2021 with a prayer for allowing him to deposit the rent on and from August 2021 to till December 2021 after condoning the delay. But, the Ld. Trial Judge vide the impugned order dismissed such prayer of the petitioner thereby rejecting the application under Sec. 151 of the CPC. Hence the instant revision.

(3.) Ld. Counsel, Mr. Sanjib Kr. Mukhopadhyay, appearing on behalf of the petitioners has mainly canvassed his argument on the specific observation of the Hon'ble Apex Court recorded in the case of Suo Motu Writ Petition (C) No. 3 of 2020 wherein specific relaxation was given for the period from 15/3/2020-28/2/2022 for the purpose of computation of limitation while taking into consideration the impact of surge of COVID pandemic throughout the country. Mr. Mukhopadhay with the assistance of the aforesaid observation has tried to make this court understand that Ld. Trial Judge acted contrary to the spirit of the order dtd. 10/1/2022 passed by the Hon'ble Apex Court. Therefore, the impugned order is liable to be set aside.