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whether the suit filed by the father of the appellants in respect of property owned by appellants Nos.1 and 2 could be held to be not maintainable even when the appellants were added as plaintiffs as heirs of their father who died during pendency of the suit and whether description of the appellants who are owners as heirs instead of owners in their own right will be a case of mere “error, defect or irregularity” not affecting the merits or jurisdiction of the Court which did not affect the maintainability of the suit. =Thus on admitted facts, 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 and can be corrected even at this stage unless the defendant is in any manner prejudiced. No principle or authority has been brought to our notice which could affect the maintainability of the suit merely on account of wrong description which did not in any manner cause prejudice to the defendant, particularly when no such objection is shown to have been raised before the trial Court. 2015 S.C. MSKLAWREPORTS

whether  the  suit  filed  by  the
father of the appellants in respect of property owned  by  appellants  Nos.1
and 2 could be held to be not maintainable even  when  the  appellants  were
added as plaintiffs as heirs of their father who  died  during  pendency  of
the suit and 
whether description of the appellants who are owners  as  heirs
instead of owners in their own right  will be a case of mere “error, defect or irregularity” not affecting the merits or jurisdiction of the Court which did not affect the maintainability
of the suit. =
Thus on  admitted
facts, 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
and can be corrected even at this stage  unless  the  defendant  is  in  any
manner prejudiced.  No principle  or  authority  has  been  brought  to  our
notice which could affect the maintainability of the suit merely on  account
of wrong description which did not in any  manner  cause  prejudice  to  the
defendant, particularly when no such objection is shown to have been  raised
before the trial Court. 2015 S.C. MSKLAWREPORTS

Rajkumar is the owner. Rajkumar bequeathed property to the sons of his brother by name Shiva Kumar Dubey. after the death of Rajkumar , his brother filed suit for eviction against the tenant. Pending suit plaintiff died.
His sons and widow were brought on record as legal heirs of plaintiff. 
The sons of plaintiff having a WILL in their favour not added as owners of the property nor they have filed suit for eviction.
The very eviction suit was filed by plaintiff –  as legal heir of his brother Rajkumar.
The decree passed infavour of the plaintiff as legal heirs but not as owners – is a mere error or curable ?

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