VINOD KUMAR JOSHI Vs. DINESH KUMAR AGARWALA

JUDGEMENT

(1.) The applicant has prayed for condonation of delay of 29 months in preferring review petition being RVW 159 of 2016, whereby the applicant has challenged the order dated December 03, 2013 passed by learned Single Judge of this Court in connection with CO 3512 of 2013. The applicant has also filed another application praying for stay of operation of the impugned order under challenge in the review petition.

(2.) It is contended on behalf of the applicant that the defence of the applicant was struck out by the trial Court in a suit for eviction. The said order passed by the trial Court on August 16, 2013 was challenged before learned Single Judge of this Court by filing CO 3512 of 2013. The further contention made on behalf of the applicant is that on December 03, 2013 learned Single Judge of this Court disposed of the revisional application (CO 3512 of 2013) by affirming the order passed by the trial Court under Section 7(3) of the West Bengal Premises Tenancy Act, 1997.

(3.) Mr. Choudhury, learned counsel appearing for the applicant, contends that the applicant filed an application under section 151 of the Code of Civil Procedure before the trial Court on January 20, 2014 under wrong legal advice of the learned advocate. He further submits that delay took place before the trial Court in hearing of the said application till November 23, 2015 when the said application was dismissed by learned Judge of the trial Court.