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Head Note

The Code of Civil Procedure, 1908  - Section 99 , Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972  - Section 20 (4)

Eviction - Irregularity in description of plaintiffs as heirs instead of owner in their own right - Only defect pointed out is of formal nature in description without, in any manner, affecting the merits or the jurisdiction of the Court - Such irregularity could have been corrected by the Court under Order 1 Rule 10 CPC and can be corrected even at this stage unless the defendant is in any manner prejudiced - District Judge held not justified in reversing the decree of the trial Court on such a technicality which did not in any manner affect the merits of the case - Impugned judgment of the High Court as well as District Judge liable to be set aside and that of the trial Court restored.

Topic(s)-Eviction - Irregularity in Description of Plaintiffs - Eviction allowed