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1970 (8) TMI 98 - HC - Indian LawsCondonation of delay in filing application - extending the time to deposit the rent in respect of the premises - time limitation - HELD THAT:- There is no provision contained in the West Bengal Premises Tenancy Act which is contrary to the provision of Section 5. Although Section 17 prescribes a time for making the deposit as well as deals with the question of an application for extension of that time and the conditions under which the same can be granted, it does not in my opinion deal with the condonation of delay in making the said application as has been provided for by and under Section 5 of the Limitation Act. Thus the provisons "relating to limitation" contained in Section 17 of the West Bengal Premises Tenancy Act are not contrary to and/or inconsistent with the provisions of Section 5 of the Limitation Act. In the instant case, the alleged mistake is stated to have been occasioned by the ignorance of the lawyer that the Receiver was discharged but there was no reason for this ignorance. The applicant himself was aware of the fact of the discharge of the Receiver. The lawyer also should have noticed that two of the deposits made by the applicant were made within the prescribed time. Thus if the lawyer was not negligent and exercised reasonable diligence he could not have been guilty of the aforesaid mistakes and could not have advised the applicant as he is stated to have done. It is significant that the name of the lawyer is not disclosed in any of the affidavits. Even if it were held that Section 5 of the Limitation Act was applicable to the present application no sufficient cause has been shown in the present application by the applicant to enable the Court to condone the delay in making the present application - the applicant was not prevented from making this application by any mistake within the meaning of Section 17(1)(c) of Limitation Act 1963. Application dismissed.
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