MANTI DEVI & ANR. versus KISHUN SAH @ KISHUN DEO SAO & ORS.

MANTI DEVI & ANR. versus KISHUN SAH @ KISHUN DEO SAO & ORS.

Under Section 99 read with Section 141 of the CPC, decrees may not be reversed in revision for misjoinder or non-joinder of parties unless the defect affects the merits; thus, High Court's reversal was unjustified.

Parties
Appellant: Manti Devi; Appellant: Anr.; Respondent: Kishun Sah @ Kishun Deo Sao; Respondent: Ors.
Jurisdiction
India
Judgment Date
23 March 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Revision
Outcome
Appeal allowed; High Court judgment set aside; Trial Court decree restored
Legal Topics
Eviction Suit, Non Joinder/misjoinder of Parties, Code of Civil Procedure: Section 99 and 141
Civil Procedure Eviction Suit Non Joinder/misjoinder of Parties Code of Civil Procedure: Section 99 and 141

Case Brief

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Parties

Manti Devi

Appellant

Anr.

Appellant

Kishun Sah @ Kishun Deo Sao

Respondent

Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Revision

Legal Issues

  1. 1 Whether Section 99 CPC applies to revisions, preventing reversal of decrees for misjoinder/non-joinder of parties not affecting merits
  2. 2 Whether the High Court erred in reversing the eviction decree based on alleged misjoinder/non-joinder not affecting the merits

Ratio Decidendi

Under Section 99 read with Section 141 of the CPC, decrees may not be reversed in revision for misjoinder or non-joinder of parties unless the defect affects the merits; thus, High Court's reversal was unjustified.

Court Disposition

Appeal allowed; High Court judgment set aside; Trial Court decree restored

Orders

  • Respondents/tenants to surrender vacant and peaceful possession by 30.09.2017, subject to filing usual undertaking within six weeks
  • If undertaking not filed, extension of time not granted