Supreme Court · 2015 INSC 60 · Decided 21 January 2015
Kuldeep Kumar Dubey & ORS. v. Ramesh Chandra Goyal (D) TH LRS.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 60 · [2015] 1 S.C.R. 543
- Case number
- CIVIL APPEAL No. 1094/2015
- Decided
- 21 January 2015
- Bench
- T.S. THAKUR, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 99; Rent Control Act
Headnote
Suit - Maintainability of - On the ground of non-joinder A B of parties - Institution of suit. by father of owners of the property in question - However, the owners inducted as C plaintiffs as heirs, after death of their father - Held: Description of the plaintiffs as owners being heirs instead in their own right, is an irregularity which can be cured under 0. 1 r. 10 CPC - The wrong description of plaintiffs which did not prejudice to the defendant would not D affect the maintainability of the suit - Revisional court was not right in reversing the decree on such technicality which
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