Harish Tandon, J. - (1.) A preliminary point is taken that the application has been wrongly filed under the provisions of Order IX Rule 4 of the Code of Civil Procedure, but ought to have been filed under Order IX Rule 8 of the Code, which provides that the Court must record the reasons for restoring the suit.
(2.) Admittedly a proceeding under Section 17 of the West Bengal Premises Tenancy Act, 1997 was taken out by the landlord/opposite party for fixation of fair rent. The petitioner is a tenant and naturally is aggrieved by every action of the landlord, which has a resultant effect in increasing the monthly rent.
(3.) Unfortunately the application was dismissed, as the landlord/opposite party could not take steps on the said fateful day. An application is taken out for restoration of the said proceeding. The Rent Controller has found the explanations to be sufficient and allowed the said application for restoration ex debito justitiae.;