BISWANATH BHATTACHARYA Vs. ANUP KUMAR SAHA

JUDGEMENT

(1.) The first defendant in an eviction suit under the West Bengal Premises Tenancy Act, 1997, has challenged an order whereby the said defendant's application under Section 151 of the Code of Civil Procedure, for acceptance of belated deposits under Section 7(1) of the said Act of 1997, was dismissed on contest and the next date was fixed for hearing of an application filed by the plaintiff/opposite party no. 1 under Section 7(3) of the said Act of 1997.

(2.) Learned counsel for the petitioner argues that the trial court could not fix a date for hearing of the application under Section 7(3) of the said Act of 1997, while keeping the applications under Section 7(1), Section 7(2) of the said Act of 1997 and under Section 5 of the Limitation Act pending.

(3.) It is further submitted that the trial court acted without jurisdiction in dismissing the application for acceptance of belated deposits on condonation of delay on a hype- rtechnical approach.