( 1 ) THIS writ petition under Article 226 of the Constitution of India is directed against the order dated 5th November, 2004, passed by the appellate authority under the provisions of the U. P. Act No. XIII of 1972, (in short the Act) before whom the appeal under Section 22 of the Act is pending, whereby the amendment application filed on behalf of the petitioner-tenant has been rejected by the appellate authority.

( 2 ) THE brief facts of the present case are that the respondent-landlady Manju Agrawal filed an application under Section 21 (1) (a) of the Act for the release of the accommodation in question against the petitioner-tenant as she bona fide requires the aforesaid accommodation in question. The prescribed authority vide its order dated 13th August, 2004, allowed the release application filed by the landlady and released the aforesaid accommodation in favour of the landlady-respondent.

( 3 ) AGGRIEVED by the order of the prescribed authority, the petitioner-tenant preferred an appeal before the appellate authority, which is pending, as stated above. During the pendency of the appeal, the petitioner-tenant filed an application, paper No. 17 Ka seeking am