S.K.Sen, J. - (1.) The instant appeal is directed against an order dated 18.6.85 passed by C.K. Banerjee, J as he then was, dismissing an application filed by the appellant for recalling of the order dated 3.8.84 passed by Asha Mukul Pal, J as he then was, whereby an application under section 17(2) of the West Bengal Premises Tenancy Act, 1956 for determination of the arrear rent payable by the appellant was dismissed for default.
(2.) It is the contention of the appellant that the appellant duly briefed an Advocate to represent its case to take all necessary steps. At the initial stage the respondent opposed the application on the preliminary point that the learned single Judge could not have restored the application as he ceased to have any jurisdiction to entertain the same since the order of dismissal of the appellant's application has been drawn up and completed prior to filing of such restoration application. He also urged that the application for restoration and/or recalling of the order was barred by limitation not having been made within 30 days from the date of dismissal i.e. 3.8.84 and the appeal is also barred by limitation.
(3.) The preliminary point urged by the respondent, however, that the learned single Judge ceased to have jurisdiction to entertain the application was given up by the learned Advocate for the appellant and was not pressed considering the several decisions of this court.;