JUDGMENT :

OM NARAYAN RAI, J.

1. This application under Article 227 of the Constitution of India is directed against an order dated April 08, 2025 passed by the learned Chief Judge, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 06 of 2025 whereby the petitioners’ applications under Section 151 of the Code of Civil Procedure, 1908 (hereafter “the Code”) have been rejected and the provisions of Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereafter “the 1997 Act”) have been invoked.

2. The opposite parties have instituted Ejectment Suit No. 06 of 2025 before the Presidency Small Causes Court at Calcutta for eviction of the petitioners, inter alia, on the ground of negligence and default. In the said suit summonses were served upon the petitioners on January 31, 2025 and the petitioners entered appearance in the suit on February 27, 2025. On the February 27, 2025 itself, the petitioners filed two applications - one under Section 7(1) of the 1997 Act and the other under Section 7(2) thereof.

3. The application under Section 7(1) of the 1997 Act was allowed on the same date i.e. on February 27, 2025 thereby permitting the petitioners to deposit the current m