Honble Shishir Kumar, J.—This writ petition has been filed for quashing the orders dated 28.2.2009, 22.11.2006 as well as the order dated 28.2.2009 rejecting the application for amendment filed by the petitioner.

2. The brief facts as stated in the writ petition are that a suit for ejectment and arrears of rent was filed by the respondent against the petitioner with an allegation that the petitioner is a tenant of pottery factory from 1996 on payment of Rs. 500/- per month as rent and he has not paid the rent and a claim was made that rent is due from 3 years. A notice was given and after that the suit was filed. In spite of filing the suit, the possession of the property has not been delivered. A written statement was filed and it was stated in the written statement that it is a factory with machinery, was handed over to the petitioner, therefore, it was necessary to give six months’ notice whereas only one month notice has been given. The petitioner has paid rent up to 2002. Thereafter it was not accepted. Even the money order which was sent, has not been accepted. Then the deposit was made under Section 30 of the Act No. XIII of 1972. Further an objection was made that t