KULDEEP KUMAR DUBEY & ORS. versus RAMESH CHANDRA GOYAL (D) TH LRS.

KULDEEP KUMAR DUBEY & ORS. versus RAMESH CHANDRA GOYAL (D) TH LRS.

Description of owners as heirs instead of description as owners in their own right is a formal irregularity, not affecting merits or jurisdiction, which does not render the suit non-maintainable and can be cured under Order 1 Rule 10 CPC. The revisional and High Courts erred in reversing the trial court decree on this technicality.

Parties
Appellant: Kuldeep Kumar Dubey; Appellant: Pradeep Kumar Dubey; Appellant: Dayawati; Respondent: Ramesh Chandra Goyal (D) TH LRS.
Jurisdiction
India
Judgment Date
21 January 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Maintainability of Suit, Non Joinder of Parties, Description of Parties, Eviction, Error Not Affecting Merits or Jurisdiction
Civil Procedure Property Law Maintainability of Suit Non Joinder of Parties Description of Parties Eviction Error Not Affecting Merits or Jurisdiction

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Parties

Kuldeep Kumar Dubey

Appellant

Pradeep Kumar Dubey

Appellant

Dayawati

Appellant

Ramesh Chandra Goyal (D) TH LRS.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a suit filed by the father of the owners in respect of property owned by the appellants could be held not maintainable due to formal description errors after substitution as plaintiffs upon the father's death
  2. 2 Whether such errors in description affect the merits or jurisdiction or maintainability of the suit

Ratio Decidendi

Description of owners as heirs instead of description as owners in their own right is a formal irregularity, not affecting merits or jurisdiction, which does not render the suit non-maintainable and can be cured under Order 1 Rule 10 CPC. The revisional and High Courts erred in reversing the trial court decree on this technicality.

Court Disposition

appeal allowed

Orders

  • impugned orders of the High Court and District Judge set aside
  • order of the trial Court dated 8th December, 1998 in JSCC No.5 of 1995 passed by the Civil Judge (J.D.), Hasanpur, Moradabad restored