HIRANMAY BHATTACHARYYA,J. - (1.)This application under Article 227 of the Constitution of India is at the instance of an unsuccessful applicant in a proceeding under Order IX Rule 13 of the Code of Civil Procedure and is directed against the order being No.22 dtd. 2/12/2024 passed by the learned Chief Judge, City Civil Court at Calcutta in Miscellaneous Appeal No. 103 of 2022 affirming the order being No. 53 dtd. 18/7/2022 passed by the learned Judge, 5th Bench Presidency Small Causes Court at Calcutta in Miscellaneous Case No. 298 of 2015.
(2.)By the order dated July 18, 2022, the application under Sec. 5 of the Limitation Act praying for condonation of delay in filing the Misc. Case stood rejected. Petitioner preferred the Misc. Appeal against the aforesaid order, which stood rejected by the order dated December, 2, 2024.
(3.)The Opposite Party herein filed a suit for eviction under Sec. 6 of the West Bengal Premises Tenancy Act, 1997 against one Lila Dasgupta, since deceased before the learned Judge 5th Bench, Presidency Small Causes Court at Calcutta which was registered as Ejectment Suit No. 103 of 2005. Lila Dasgupta, since deceased entered appearance in the said suit but did not take any steps thereafter. The said suit was decreed ex parte by a judgment and decree dtd. 29/4/2006. The decree was put into execution giving rise to Ejectment Execution Case No. 59 of 2011. The said Lila Dasgupta died on 15/3/2015. Thereafter, the daughter of the said Lila Dasgupta/ petitioner herein filed the Misc. Case under Order IX Rule 13 of the Code of Civil Procedure (for short "the Code") being Misc. Case No. 298 of 2015 on 18/9/2015 praying for setting aside the ex parte decree dtd. 29/4/2006. Petitioner also filed an application under Sec. 5 of the Limitation Act for condonation of the aforesaid delay in filing the Misc Case.