Supreme Court of India
Kuldeep Kumar Dubey & Ors. v. Ramesh Chandra Goyal (d) Th Lrs.
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What the Court ordered
Accordingly, we allow this appeal, set aside the impugned orders of the High Court and the District Judge and restore the order of the trial Court dated 8th December, 1998 in JSCC No.5 of 1995 passed by the Civil Judge, (J.D.), Hasanpur, Moradabad.
Judgment, page 7
From the headnote
Suit - Maintainability of - On the ground of non-joinder of parties - Institution of suit. by father of owners of the property in question - However, the owners inducted as plaintiffs as heirs, after death of their father - Held: Description of the plaintiffs as owners being heirs instead of description as owners 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 affect the maintainability of the suit - Revisional court was not right in reversing the decree on such technicality
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