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Supreme Court of India 2017-03-23 allowed

Manti Devi & Anr vs Kishun Sah @ Kishun Deo Sao & Ors

Bench: 2 — Kurian

In Brief

A mother and son filed a suit to evict tenants from katras (small structures) on grounds of personal necessity. The trial court decreed the eviction. The High Court reversed the decree, finding the suit should be dismissed due to misjoinder of parties—the plaintiffs jointly claimed landlord status but had distinct causes of action against distinct properties. The Supreme Court held that under Section 99 of the Code of Civil Procedure, no decree can be reversed for misjoinder of parties alone when the error does not affect the merits. Section 99's protection applies equally to revision proceedings under Section 141. The Court set aside the High Court's judgment, restored the trial court's decree, and granted tenants until 30.09.2017 to vacate.", <parameter name="cited_cases">[]

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Civil Procedure Landlord and Tenant Misjoinder of Parties Eviction Personal Necessity

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