Mohammed Khan Abdul Kuthoos vs M.A. Hameed Ibrahim Nachchiya – SC APPEAL NO 242/2014-2025

The case between Mohammed Khan Abdul Kuthoos and M.A. Hameed Ibrahim Nachchiya concerned whether an appeal filed in the name of a deceased plaintiff—rather than the properly substituted living plaintiffs—was fatally defective, and whether the disputed land was adequately identified.

It was held that the error in naming the deceased plaintiff in the notice and petition of appeal constituted a procedural irregularity curable under Section 770 of the Civil Procedure Code. The findings established that, since the substituted plaintiffs were properly joined and participated, the defect did not affect the jurisdiction of the appellate court. Moreover, sufficient documentary and testimonial evidence established that the land in question was correctly identified. The court reaffirmed the princip