JUDGMENT :

M.V. Muralidaran, J.

Heard learned counsel for the petitioners and the learned counsel for the respondents.

2. This revision is directed against the order dated 27.9.2023 passed by the learned Civil Judge, Senior Division, Darjeeling in O.C. Eviction Suit No.7 of 2022 thereby dismissing the applications under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 for permission to deposit the rent for the month of January, 2018 as well as the current rents and under Section 5 of the Limitation Act, 1963 praying for condonation of delay and to strike off the defense against the recovery of possession filed by the petitioners.

3. The petitioners are defendants and the respondents are plaintiffs in OC Eviction Case No.7 of 2022.

4. The learned counsel for the petitioners submitted that the Court below dismissed the applications filed by the petitioners on a very pedantic manner being oblivion of the settled position of law that when substantial justice and technicalities are pitted against each other, it is the substantial justice that should prevail over technicalities. The learned counsel would submit that the Court below failed to appreciate the bonafide of the petitioner