METRO INDUSTRIES Vs. ADITYAPUR INDUSTRIAL AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Mr. Rajiv Ranjan, learned Counsel for the petitioner, Mr. R.C.P. Sah, learned Counsel for 1st and 2nd respondents and Mr. P. Modi for the State.

(2.) IN this writ petition the petitioner has prayed for quashing the order dated 12.8.2005 passed by the learned Munsif, Saraikela in T.S. No. 9 of 2003 whereby the learned Munsif has refused to allow the petition for amendment filed by the plaintiff -petitioner under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure.

(3.) FROM perusal of the record it appears that the suit is at its initial stage and it has even not reached at the evidence stage. Plaintiff has only prayed for addition of some statement regarding the fate of the appeal filed by it. There is nothing in the said statement which will change the nature of the suit. In my view, the learned court below has erred in refusing the prayer for amendment made at the initial stage of this suit though there is nothing on record to show that the proposed amendment would in any way prejudice the defendants -respondents.