RINA DAS Vs. GOSAIDAS CHATTERJEE

JUDGEMENT

(1.) THE present revision is directed against the order being No. 64 dated 12. 9. 2006 passed by the learned 3rd Civil Judge (Jr. Div.), Sealdah in R. S. 169/96 disposing of the application under section 17 (2) of the W. B. P. T. Act filed by the petitioner without disposing of the application under Order 6 Rule 17 cp Code for amendment of the said application under section 17 (2 ).

(2.) THE circumstances leading the present application are that the o. P. /plaintiff instituted the said T. S. 169/96 for eviction on 23. 4. 96. The petitioner/defendant after entering appearance on 24. 7. 97 filed the said application under section 17 (2) and (2a) (b) of the W. B. P. T. Act, hereinafter referred to as the said Act. On 18. 7. 2000 the petitioner filed an application under Order 6 Rule 17 read with section 151 C. P. Code for amendment of the said application under section 17 (2) for suspension of rent from 31. 12. 99 till the date of her re-entry into the disputed premises and adjustment of Rs. 20,000/- towards rents. After several adjournments, both the applications under section 17 (2) of the said Act and Order 6 Rule 17 C. P. Code were ultimately fixed for hearing on 11. 7. 2006 when the petitioner/defendant prayed for adjournment which was rejected and the application under section 17 (2) of the Act was heard ex parte and 3. 8. 2006 was fixed for order. On 3. 8. 2006 the petitioner filed a petition praying for fixing a date for hearing of the amendment application before hearing of the application under section 17 (2) which was fixed on 12. 9. 2006 for order. On that date i. e. 12. 9. 2006 the said petition dated 3. 8. 2006 of the petitioner was rejected and the application under section 17 (2) was disposed of directing the petitioner defendant to deposit the due amount.

(3.) BEING aggrieved by and dissatisfied with the said order, the petitioner has come up before this Court.