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 non-joinder 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
Restoring the Trial court order, the Apex Court Bench comprising Justice Kurian Joseph and Justice R. Banumathi said: “No decree can be reversed or substantially varied in appeal on account of misjoinder or non-joinder of Parties. Under Section 141 of the Code of Civil Procedure, procedure under the Code 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 under Section 99 of the Code of Civil Procedure in respect of appeal would apply to revision as well.”
Read the Judgment here.