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Revision No. 6 of 1959‑60, decided on 10th October 1960, District Lahore.
Civil Procedure Code (V of 1908), S. 99‑All landlords not joined as parties to rent suit‑Irregularity not material‑Covered by S. 99, as merits of case or jurisdiction of Court not affected.
This is a revision petition against the order of the learned Additional Commissioner, Lahore, by which he maintained the rent decree passed against the petitioner Ata Muhammad and in favour of his landlord Malik Ahmed Hasan, by the Assistant Collector 1st Grade and also maintained the order of ejectment of the tenant on grounds of arrears of rent. Two points only have been urged before me in this revision all the landlords had not joined in the rent suit. The plaint is not signed by all of them though they are joined as pollination. Firstly, that the plaint was not properly presented as Secondly, that the learned Additional Commissioner had come to a different conclusion in the cross‑appeal which had been filed by the landlord against the order of the Collector who had reduced the decrials amount on appeal by the petitioner and I will take up the second plea first. There is apparently some confusion in the mind of the petitioner as he had not been able to produce any conflicting order passed by the learned Additional Commissioner in any cross‑appeal filed by the landlord. As a "'d matter of fact no cross‑appeal seems to have been filed. The petitioner, however, has been very insistent but in spite of an opportunity having been given to him, no evidence in support of this plea has been produced. As, regards the first plea the matter has been dealt with at some length by the learned Additional Commissioner before whom also it was raised. As observed by the Additional Commissioner this is not a material irregularity and is covered by the provision of section 99, C. P. C. as the merits of the case are not affected, nor the jurisdiction of the Court. I would thus accept the Additional Commissioner's view. As a result the revision petition stands 'dismissed.
K. M. A. Petition dismissed.
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