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Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15, 22(6) & 28(2)---Constitution of Pakistan, Art.199---Constitutional petition---Default in payment of rent---Amendment in petition for leave to contest---Validity---Special Judge. Rent dismissed tenant's application for amendment in the prayer of the petition for leave to contest---Appellate Court dismissed appeal on the ground that appeal against interlocutory orders was not maintainable---Validity---Under S.28(2) of the Punjab Rented Premises Act, 2009, appeal did not lie against interlocutory orders, so Additional District Judge rightly found that the appeal was not maintainable---Punjab Rented Premises Act, 2009, however, did not contain any specific bar on amendment in written reply/application in suitable cases---One could not be penalized for the act of the court---Tenant was not liable to ejectment for non-submission of application for leave to contest in given circumstances---Prayer sought to be amended was out of the contest of the petition and the same was result of typographical mistake---One was entitled to put forth one's correct contention before the court for effective decision of the matter---Clerical or typographical error should not hamper the course of justice---No limitation was prescribed for filing of petition for amendment in the application or reply to the application---Special Judge Rent erred in dismissing the petition and failed to exercise the jurisdiction vested in him---Though appeal was not maintainable in view of S.28(2) of the Punjab Rented Premises Act, 2009 but illegalities likely to result in gross miscarriage of justice could be rectified through exercise of constitutional jurisdiction of High Court under Art.199 of the Constitution---Petition was allowed accordingly. 2010 YLR 3189 distinguished. JUDGMENT RAUF AHMAD SHEIKH, J.---The petitioner has challenged the order dated 26-10-2010, passed by the learned Special Judge Rent, Chakwal whereby an application moved by him seeking permission to amend the petition for leave to contest was dismissed and the order dated 7-12-2010, passed by the learned Addl. District Judge, Chakwal, whereby an appeal filed by him against…

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