Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908- ss. 99 and 141 -Applicability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908- ss. 99 and 141 -Applicability of s. 99 to revision, in view of s.141 - Eviction suit by appellant- plaintiff decreed by trial court - Reversed by High Court in revision on account of non-joinder misjoinder of parties - Held: U/s. 99, CPC no decree can be reversed or substantially varied in appeal on account of any misjoinder or 1lon-joinder of parties not affecting merits of the case - By virtue of s.141, procedure under the CPC in regard to suit shall be followed as far as it can be made applicable to proceedings in any Court of Civil jurisdiction - Therefore, what is provided u/s.99 in respect of appeal would apply to revision as well - Judgment of High Court passed in revision, setting l!side the decree of trial court on ground of misjoinder or non-joinder .of parties, not affecting the merits of the case, is set aside - Respondents/tenants granted time to surrender vacant and peaceful possession, subject to filing of usual undertaking within six weeks. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 261 |
Petitioner | Manti Devi & Anr. |
Respondent | Kishun Sah @ Kishun Deo Sao & Ors. |
SCR | [2017] 2 S.C.R. 935 |
Judgement Date | 2017-03-31 |
Case Number | 2014 |
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