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

In the matter between Samsudeen Mohammed Khan (substituted by his legal heirs) and M.A. Hameed Ibrahim Nachchiya, the court addressed the issue of a curable defect in an appeal caption and the correct identification of land in a *rei vindicatio* action. The court held that the failure to name substituted plaintiffs in an appeal caption, where the substituted parties were aware and participated, constituted a curable defect under Section 770 of the Civil Procedure Code, and that the High Court erred in its assessment of land identification. This decision reaffirmed the principle that procedural defects should not defeat substantive justice when parties are not prejudiced. The decision relied on precedents concerning defective appeals and the factual evidence presented, emphasizing that land