JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated July 17, 2023 passed by the learned Chief Judge-in-Charge, City Civil Court at Calcutta in Ejectment Suit No.133 of 2019.

2. By the order impugned, the learned Court rejected the application for condonation of delay filed by the defendant along with the application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the said Act).

3. The learned Court was of the view that as the applications under Sections 7(1) and 7(2) were not filed within a month from receipt of summons, delay in filing the said applications could not be condoned. When the delay could not be condoned, the learned Court was also powerless to consider the prayers made in the said applications. As the defendant failed to avail of the opportunity granted to a tenant under Section 7 of the said Act, within the time specified, the Court held that no discretion could be exercised to extend the statutory period. The time specified in the statute under Section 7(1)(b) was mandatory. The steps to be taken by the tenant under Section 7(1)(a) were also mandatory.

4. The petitioner is the defe