SABYASACHI BHATTACHARYYA,J. - (1.) Upon hearing both sides, it appears that the present challenge, at the behest of a defendant in an eviction suit, is against an order dismissing the defendant/petitioner's application for treating certain belated deposits as valid, by condoning the delay in making such deposits. In a nutshell, the facts of the case are as follows:
(2.) In an eviction suit filed by the opposite party no. 1-series, an application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 was filed by the defendant/tenant, which culminated in order no. 12 dated April 08, 1994 directing the defendant to deposit certain amounts in court. By a subsequent order, bearing order no. 17, the trial court, on the prayer of the defendant, permitted the defendant to go on depositing monthly rent to the bank account of the plaintiffs, the number of which account was to be furnished by the plaintiffs to the defendant.
(3.) However, the defendant went on depositing in court as per the initial direction under Section 17(2) of the 1956 Act, instead of depositing in the plaintiffs' bank account, till the suit was dismissed for default on August 16, 2011.;