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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

In this civil appeal, the Supreme Court addressed whether a decree for eviction could be set aside on the ground of misjoinder of parties. The High Court had dismissed the suit for eviction filed by a mother and son against tenants, holding that the plaintiffs claimed joint landlordship but had distinct causes of action regarding distinct properties. The Supreme Court held that under Section 99 of the Civil Procedure Code, 1908, no decree can be reversed or substantially varied on account of misjoinder of parties, as this is a procedural defect that does not affect the merits or jurisdiction of the case. The Court also clarified that Section 99 principles apply to revision proceedings as well as appeals. The High Court's judgment was set aside, and the trial court's eviction decree was restored, with tenants given time until 30 September 2017 to vacate.

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Civil Procedure Landlord and Tenant Misjoinder of Parties Revision

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