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Decree Can’t Be Reversed On Account Of Misjoinder/Rejoinder

The Supreme Court in Manti Devi vs. Kishun Sah, has held that no decree can be reversed or substantially varied in appeal or revision on account of misjoinder or nonjoinder of parties.

In the instant case, the High Court had found that the plaintiffs had jointly petitioned to be the landlord and it is found that they are not “landlord” for the purposes of the suit in question, then jointly they have no causes of action.

Setting aside the decree, the High Court further held that it materially affects the merit of the case and is accordingly not saved by Section 99 of the Code of Civil Procedure.

Article referred:http://www.livelaw.in/decree-cant-reversed-account-misjoinderrejoinder-sc/

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