Harish Tandon, J. - (1.) THIS revisional application is directed against the order No. 62 dated 4th February, 2015 passed by the learned Civil Judge (Junior Division), 1st Court, Howrah in Title Suit No. 144 of 2010, by which an application under Section 151 of the Code of Civil Procedure filed by the defendant/petitioner is rejected.
(2.) THE plaintiffs/opposite parties filed a suit for eviction of a monthly tenant, inter alia, on the ground of default envisaged under Section 6 of the West Bengal Premises Tenancy Act, 1997. Admittedly the summons of the suit was served on the defendant/petitioner on 8th October, 2010. The defendant entered appearance on November 26, 2010 and filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 in the suit. The defendant further filed a written statement on March 10, 2011 when the aforesaid applications were still pending. The Court took up the application under Section 7(1) of the said Act on 20th August, 2013 and disposed of the same on consent of the parties by allowing the petitioner to deposit the arrears rent with statutory interest within the stipulated period.
(3.) ADMITTEDLY the petitioner did not deposit the amount in terms of the said order until 13th May, 2014, when prayer was sought for passing the challans and the Court permitted the defendant to deposit the said amount at his own risk. The moment it was realized that the said amount is not deposited strictly either in terms of Section 7(1) of the said Act or in terms of the order disposing of the application under the said provision, another application captioned as an application under Section 5 of the Limitation Act was taken out seeking condonation of delay in making belated deposits.;