NARAYAN PRASAD BHOTICA Vs. GANGARAM AGARWALA & SONS

JUDGEMENT

(1.) This revisional application is directed against Order No. 25 dated 11th March, 2016 passed by the learned Judge, 6th Bench, Small Causes Court at Calcutta in Ejectment Suit No. 10 of 2014.

(2.) The plaintiff has filed this revisional application contending, inter alia, that the learned Court below has acted illegally and with material irregularity in allowing the defendant's application for amendment under Section 151 of the Code of Civil Procedure. The defendant filed an application before the learned Court below under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 with a prayer for condonation of delay under Section 5 of the Limitation Act. Therefore, the condonation of delay has been made separately. As to the application for amendment the plaintiff has also filed an objection agitating that delay application is not maintainable. On perusal of the impugned order, it appears that before taking into consideration of the prayer for condonation of delay under Section 5 of the Limitation Act, the learned Court below has allowed the defendant's application under Section 151 of the Code of Civil Procedure, thereby allowing the prayer for amendment and the defendant had been directed to file the amended application under Section 7(1) of the W.B.P.T. Act within a period of 15 days from the date of communication of this order.

(3.) It has been contended by the learned Advocate appearing for the defendant/opposite party that the revisional application is not maintainable, inasmuch as the order impugned has been passed on consent.