1. The instant Revisonal Application is preferred against order dated 20.09.2023 passed by the Learned Civil Judge, Junior Division, Siliguri, rejecting the application u/s 5 of Limitation Act filed by the present petitioner/ defendant in O.C (eviction suit) No. 199 of 2022 filed by the present OP/ plaintiff.

2. The brief fact of the case is that the present OP/ Plaintiff instituted a suit for recovery of possession misne profit and other consequential relief before the Learned Civil Judge, concern against the present petitioner/defendant (tenant). The present petitioner receive the summon of the Court on 01.02.2023 wherein the date of appearance was mentioned as 04.02.2023. However, as per resolution of legal bar no steps were taken on that date and the present petitioner appeared before the Learned Civil Judge, concerned on 22.03.2023. Thereafter, on 09.05.2023 the present petitioner filed an application u/s 5 of Limitation Act praying for condonation of delay for filing an application u/s 7(1) (a) of West Bengal Premises Tenancy Act 1997 and an application u/s 7(2) of West Bengal Premises Tenancy Act 1997. The Learned Civil Judge, concern after hearing both