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1997 Supreme(Ker) 435

K.A.ABDUL GAFOOR
Ramanath Haneefa – Appellant
Versus
Hamsa – Respondent


JUDGMENT

K. A. Abdul Gafoor, J

1. The petitioners have approached this Court challenging Ext. P5. That is an Interlocutory Order passed by the second respondent upon an application by the first respondent who is the petitioner landlord in the Rent Control Proceedings before the second respondent. The first respondent sought for amendment of his petition. Ext. P3 is that petition. That was allowed by Ext. P5. I see no reason to interfere with Ext. P5. It is only an Interlocutory Order permitting amendment as prayed for in Ext. P3 which is not at all of any consequences with reference to the cause of action urged or the limitation if any. Even if there is any illegality in Ext. P5, the petitioner will have an opportunity to agitate against Ext. P5, in case the order of the Rent Controller is against the petitioner and in case the petitioner files appeal there from.

2. The petitioners contend, placing reliance on S.23(1)(j) that the power conferred on the Rent Controller to effect the amendment is only to cure any defect or error in orders or proceedings and that the Rent Control Court has no power to allow amendment to the pleadings. That cannot be said to be correct. Due to inadvertenc

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