NATWARLAL MEHTA AND OTHERS Vs. GOSWAMINI RUKMINI BAHUJI MAHARAJ
LAWS(CAL)-2018-6-109
HIGH COURT OF CALCUTTA
Decided on June 18,2018

Natwarlal Mehta And Others Appellant
VERSUS
Goswamini Rukmini Bahuji Maharaj Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA,J. - (1.) The defendant in an eviction suit has preferred the instant revisional application. By virtue of the impugned order, a show-cause petition filed by the petitioner for acceptance of the petitioner's written statement was rejected, primarily on the premise that ignorance of law and wrong advice of Advocate were not sufficient grounds to condone the delay. The additional factor in the present case was an order dated July 5, 2017 passed by a coordinate Bench in CO 4490 of 2016, whereby the court below was asked, inter alia, to ensure that the written statements were filed without any further delay.
(2.) The three revisional applications, bearing CO 1563 of 2018, CO 1564 of 2018 and CO 1564 of 2018, which arise from similar orders passed in three suits being heard analogously, are taken up together for hearing. The contention of the petitioner as well as the opposite party are similar in three matters.
(3.) It is submitted by learned advocate for the petitioner in each of the matters, that there was no fault on the part of the petitioner in occasioning the delay in filing the written statement, which is also evident from the fact that the petitioner in each of the matters had filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 within the stipulated period and there could not have been any reason for not filing the written statement also within time, unless the petitioner was not advised correctly. It is further pointed out that only on January 29, 2018 a new Advocate was appointed by the petitioner and the written statement was filed immediately thereafter, on February 1, 2018.;


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