S.K.Mookherjee, J. - (1.) This Revisional application is directed against Order No. 153, dated 5th September, 1991, passed by the learned Assistant District Judge, Third Court, Alipore, in Title Suit No. 110 of 1966. By the said impugned order, the learned Assistant District Judge rejected an application under section 17A of the West Bengal Premises Tenancy Act, read with section 151 of the Code of Civil Procedure, and a petition under section 5 of the Limitation Act, for condonation of delay in filing the said application.
(2.) From the materials, produced before us as parts of records of the case, it appears that in a proceeding for eviction, instituted by the opposite party/landlord, the defence of the petitioner-tenant had been struck-out under section 17(3) of the West Bengal Premises Tenancy Act. The trial culminated with an ex parte decree for eviction. Till that dale, there was no application under section 17A of the West Bengal Premises Tenancy Act. From the ex parte decree, there was an appeal and the Lower Appellate Court by its judgement and decree dated 15th of December, 1977, remanded the suit for decision afresh, inter alia, with liberty to the parties to adduce afresh evidence, in support of their contentions. Against the said order of remand, a First Miscellaneous Appeal was preferred, being F.M.A. 614 of 1978, which was ultimately disposed of on 13th of May, 1987 by a Division Bench of this Court by dismissing the appeal and categorically affirming the directions of the learned Additional District Judge. At the time of disposal of such appeal by the Division Bench, on a point being raised by the learned Advocate for the landlord/appellant, the Division Bench observed : "The Trial Court shall decide the suit sent back on remand afresh to accordance with law and keeping in view the order under section 17(3) of the West Bengal Premises Tenancy Act, already passed by the Trial Court. "After the matter went back on remand, the tenant/petitioner made an application under section 17A of the West Bengal Premises Tenancy Act, along with another application under section 5 of the Limitation Act, for condonation of delay in preferring such application, inter alia, averring in the said application that the delay occurred due to absence of proper advice from the learned Advocate for the tenant. As stated above, by the impugned order, the said two applications stood rejected.
(3.) Before proceeding to deal with the contentions raised before us, we would like to keep on record fresh that the learned Assistant District Judge had no jurisdiction to reject the application under section 17A of the West Bengal Premises Tenancy Act on merit, after dismissing the application under section 5 of the Limitation Act, because, due to such dismissal of the application for condonation of delay, the application under section 17A of the West Bengal Premises Tenancy Act should be deemed to be non-est in the eye of law.;