Courts have inherent powers under section 151 of the Code of Civil Procedure to provide relief in cases of exceptional circumstances and poverty, even if it goes beyond the technical provisions of a statute.

The judgment of the Court was as follows :––

The petitioner who is the defendant in Ejectment Suit No. 355 of 1971 pending before the 6th Bench of the City Civil Court at Calcutta, has in this application impugned the validity of an order, being order No. 68 dated March 1, 1975 passed by Sri R.R. Banerjee, a Judge of the aforesaid Court, allowing the plaintiffs opposite parties application under Section 17(3) of the West Bengal Premises Tenancy Act (hereinafter referred to as 'the Act') and striking out the defence of the defendant-petitioner against delivery of possession.

2. Admittedly, the defendant-petitioner failed to deposit the requisite instalment and the rent for the month of July 1974 in time and then was a delay of eight days. Before the learned Judge the petitioner contended that the instalment and the rent fell due on the 15th August, 1974 which was a holiday, but on that night his wife suddenly fell ill and was in a serious condition and was bed-ridden and as such, he forgot to make the deposit, but did so on the 23rd of August 1974. It was also alleged that poverty was also a ground. The learned Judge held that in view of the mandatory provisions of section 17(2B) of the Act, he was not in a position to grant any extension of time and accordingly allowed the application under section 17(3) of the Act.

3. Mr. Kanjilal, learned Advocate appearing on behalf of the petitioner, submits that in exercise of my inherent powers I should interfere with the impugned order. Mr. C. D. Rai Chaudhury, learned Advocate appearing on behalf of the plaintiffs-opposite parties, has contended that poverty cannot be a ground for this Court's exercise of its inherent powers.

4. Under section 151 of the Code of Civil Procedure, a Court has been empowered to pass such orders as may be necessary for the ends of justice. Where a tenant has been regularly depositing the rent and the instalments, but fails on a solitary occasion to make such deposit within time due to circumstances beyond his control or due to poverty, this Court cannot shut its eyes and fall back upon technicalities and deny relief in such cases. In my view, the powers of this court are wide enough to travel beyond the provisions of a statute which are technical in nature and give relief in appropriate cases. The instant case is such a case where such relief should be granted. Therefore in exercise of my powers under section 151 of the Code of Civil Procedure, I set aside Order No. 68 dated March 1, 1975 passed by the learned Judge.

5. The Rule is accordingly made absolute. The learned Judge will now proceed with the trial of the suit in accordance with law.

6. Let the records be sent down as quickly as possible.

In the circumstances of the case, there will be no order as to costs.