Kalo Khatik v. Nathun Devi

19.9.2023 Ct. 236 SB C.O. 4056 of 2005 In the matter of : Smt. Kalo Khatik 1.

None appears on behalf of the petitioner.

2.

This revisional application is pending since 2005. 3.

On 11.7.2023 the matter was adjourned as reportedly a talk of settlement was going on. On the same ground again on 25.7.2023 the matter was adjourned. Interim order was in force till 22.8.2023. Conduct of the petitioner indicates towards amicable settlement of issue.

4.

Under such circumstances, I do not find any reason to adjourn the matter suo moto rather, I am inclined to dispose of the application based on materials available with the record. 5.

This application under Article 227 of Constitution of India challenges the order passed by the learned Civil Judge, Junior Division, 2nd Additional Court, Alipore in T.S. No. 141 of 1993. 6.

By the impugned order, learned Trial Court was pleased to dismiss the application under Section, 5 of the Limitation Act, filed by the defendant for condonation of delay of eight years in filing the application under Sections 17(2) and 17 (2)(A) of the West Bengal Premises Tenancy Act. Learned Trial Court refused to accept the plea of ignorance of law taken by the defendant. The order impugned neither suffers from perversity nor there is any erroneous exercise of jurisdiction. 7.

This revisional application does not merit any consideration and is dismissed along with any application if any. 8.

There shall be no order as to costs.

9.

Let a copy of the order be sent down to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)