METRO INDUSTRIES Vs. ADITYAPUR INDUSTRIAL AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed against the order dated 20.3.2009 passed by the learned Munsif, Saraikella in Title Suit No. 9 of 2003, rejecting the petition filed by the petitioner-plaintiff for recasting the issue in the light of amendments allowed.

(2.) Mr. Rajiv Ranjan, appearing for the petitioner, submitted that in one of the amended pleading it was said that so long petitioner continues to pay ground rent, allotment cannot be terminated and therefore, it was necessary to recast the issue as proposed by the plaintiff-petitioner.

(3.) Mr. R. C. P. Sah, appearing for the Adityapur Industrial Area Development Authority (AIADA), supported the impugned order and submitted that the suit was filed in the year 2003 and petitioner is simply delaying the disposal of the same by filing one petition after another and now for recasting the issue. He further submitted that the learned court below has rejected the prayer of petitioner and observed that it is for the court to frame/recast the issues at any time it feels necessary.