Dhunseri Tea & Industries Ltd. vs The Hanuman Estates Private Ltd. on 24 December, 1975
12. Mr. Tibrewal, as a last resort, contended that the court had inherent power to do justice by extending the period in making the deposits and for the purpose relied upon the decision in the case of Sitala Devi v. Man Bahadur, 76 Cal WN 435 = (AIR 1973 Cal 1231 where it was held that under Section 151 of the Code of Civil Procedure the Court had inherent power in an appropriate case to extend time even in respect of deposit in proceeding under Section 17 of the West Bengal Premises Tenancy Act On the facts of the case, however, the Court held that the delay could not be condoned and the order for striking out the defence against delivery of possession was allowed to stand. The circumstances referred to in that decision as would justify condonation of the delay were exceptional cases, which did not fall to be decided in the instant case.