S.N.Bhattacharjee, J. - (1.) -In this revisional application under section 115 of the Code of Civil Procedure, order No.173 dated 7.2.96 passed by learned Munsif, 2nd Court at Berhampore in O.S. No. 265 of 1980 whereby the petitioner's application under section 5 of the Limitation Act accompanied with an application under section 148 and 151 CPC was dismissed.
(2.) The petitioner was the defendant in O.S. No. 265 of 1980, filed by the respondent herein praying for eviction of the petitioner on the ground of default and other grounds. The petitioner got summons on 14.2.81 but could not enter appearance within one month in accordance with section 17(1) of West Bengal Premises Tenancy Act (the said 'Act'). He filed an application under section 17(2A)(b) of the said Act coupled with an application under section 5 of the Limitation Act praying condonation of delay on the ground of illness. The learned trial Judge disbelieved his illness and dismissed the application. The High Court in revision did not interfere with the order of the learned trial Judge. Thereafter the petitioner deposited the arrear rents reportedly by incurring loans and also current rents under section 17(1) and thereafter filed two applications under section 148 and 151 CPC and another under section 5 of the Limitation Act praying for accepting the deposits as valid. The learned trial Judge disposed of the applications by his impugned order in following terms. "In the instant case, the defendant appeared before the Court after expiry of the statutory period of one month and applied for depositing the arrears of rent through instalments. He did not take the opportunity of depositing the arrears of rent at a time due to his financial condition. He also applied for condoning the delay in depositing the rent under section 5 of the Limitation Act. The Court after full hearing of both the parties disbelieved the ground for delay in depositing the arrears of rent within the statutory period of one month and accordingly rejected the petition under section 5 of the Indian Limitation Act filed by the defdt. So, the Court rejected the prayer for condoning the delay in depositing the arrears of rent, whatever may be the mode of depositing the arrears of rent. The Hon'ble Calcutta High Court has also affirmed the said rejection order of this Court by a Civil Revision application filed by the defdt. So, at this stage, the defdt. petr. has got no scope for depositing the arrears of rent at a time in a belated stage also. The petition under section 5 of the Indian Limitation Act filed by the defdt. for condoning the delay in depositing the arrears of rent at a time under section 17(1) of the W.B.P.T. Act is accordingly a res-judicate. Therefore, I have no alternative but to reject the petition under section 5 of the Indian Limitation Act filed by the defdt. On 9.11.91. Accordingly, the petition under section 148 of the CPC r/w section 151 CPC filed by the defdt. is also accordingly rejected. The arrears of rent together with interest deposited by the defdt. at his own risk in Court on 9.11.91 through chalan is hereby declared invalid."
(3.) Against the aforesaid order the present revisional application has been filed.;