ASSISTANT GENERAL MANAGER Vs. S.M. INDUSTRIES

JUDGEMENT

(1.) Defendant No.3 Assistant General Manager (1A) of Haryana State Industrial Development Corporation Limited (HSIDC) has filed this revision petition under Article 227 of the Constitution of India impugning order dated 25.9.2008 (Annexure P-2) passed by the trial Court thereby allowing application (Annexure P-1) filed by respondent No.1 plaintiff for amendment of plaint.

(2.) In the original suit, the plaintiff has sought mandatory injunction directing the defendants to pay Rs. 10 lacs as damages to the plaintiff or in the alternative, to allot industrial plot in developed industrial Estate Phase-1 Panchkula in lieu of the plot allotted to it at Barwala. The plaintiff also sought injunction restraining the defendants from resuming the industrial plot of the plaintiff. By amendment of plaint, the plaintiff wants to seek relief of recovery of Rs. 10 lacs as damages. Besides it, the plaintiff also wants to seek declarations, mandatory injunction and permanent injunction. Defendant No.1 State of Haryana (proforma respondent No.2) stands given up in the trial Court. Defendants No.2 and 3 (petitioner and proforma respondent No.3 - Managing Director, HSIDC) were ex-parte in the lower Court.

(3.) Learned trial Court vide impugned order (Annexure P-2) has allowed uncontested amendment application (Annexure P-1). Feeling aggrieved, defendant No.3 has filed this revision petition to assail the said order.