The Tenant Filed An Objection. The Court Below Never Ruled On It.
An application under the West Bengal Premises Tenancy Act has been sent back so that the objection filed against it is actually heard and decided.
The Court restored the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 to the Presidency Small Causes Court, and requested the trial judge to decide the dispute raised in the petitioner's written objection after affording an opportunity of hearing to both sides, and to dispose of the application as expeditiously as possible without unnecessary adjournments. The Court expressly did not enter into the merits.
- An objection filed has to be decided, not passed over on the way to an order.
- Both sides get a hearing on the dispute the objection raises.
- No merits were touched, so the trial judge decides free of any view from above.
- No unnecessary adjournments to either party — the Court said so in terms.
- Court
- High Court at Calcutta
- Bench
- Justice HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
- Citation
- C.O. No. 1504 of 2026
- Case
- C.O. No. 1504 of 2026
- Decided
- 7 September 2026
- Outcome
- Revision allowed; Section 7(3) application restored for decision on the objection
What was restored
The application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 stands restored to the file of the Presidency Small Causes Court at Calcutta.
What the trial judge must now do
The trial judge was requested to decide the dispute raised by the petitioner in her written objection to that application, after affording an opportunity of hearing to the respective parties.
The application is then to be disposed of as expeditiously as possible, without granting any unnecessary adjournments to either party.
The Court made clear before parting that it had not entered into the merits of the claim made in the written objection, and that the trial judge is free to decide the application in accordance with law.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
What happens if a court ignores my written objection?
The order can be set aside in revision and the application restored for the objection to be decided after hearing.
Did the High Court decide the dispute?
No. It expressly did not enter into the merits, leaving them to the trial judge.
When your objection is never ruled on
- Check whether the order actually decides the objection or merely records that it was filed.
- Ask in revision for the application to be restored, not for the relief itself.
- Seek an express direction for a hearing on the objection, so it cannot be bypassed again.
- Ask the revisional court not to touch the merits, so nothing prejudices you below.
Source. High Court at Calcutta, C.O. No. 1504 of 2026, decided 7 September 2026 by Justice HON'BLE JUSTICE HIRANMAY BHATTACHARYYA. This explainer is written from the judgment text as reported.
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