HARISH TANDON,J. - (1.) This revisional application is directed against order no. 79 dated 10th November 2017 passed by the learned Civil Judge (Junior Division), First Court, Bankura in Title Suit No. 146 of 2009, by which an application for recalling an order dated 23rd May 2014 is allowed. As a consequence whereof, an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'said Act') is fixed for hearing.
(2.) The plaintiff/petitioner filed a suit for eviction on one or more grounds enumerated under Section 6 of the said Act. The defendants/opposite parties entered appearance after service of summons and raised a dispute under sub-section (2) of Section 7 of the said Act. Inevitably, the plaintiff/petitioner is contesting the said application by filing a written objection and the court was fixing a date for hearing of the said application. On one of such date, the defendants/opposite parties did not take any steps, as a resultant effect the court issued a show cause upon them as to why the said application should not be dismissed. The next date was fixed on 23rd May 2014.
(3.) The learned advocate, who appeared for the defendants/opposite parties, submitted to the court that he was not aware that his clients are required to file reply to the showcause issued against them and, therefore, the matter should be adjourned to another date. The aforesaid conduct of the learned advocate emboldens the learned advocate for the plaintiff/petitioner to raise a vehement objection and if my meaningful reading of the observations recorded in the said order goes right, a submission was advanced that the said application under Section 7(2) of the said Act has not been disposed of and, therefore, the defence against delivery of possession be struck off.;