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TMI Blog1971 (1) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi, for a decree for ₹ 61,750/-being the amount of rent due by 'the defendants' The Subordinate Judge, Delhi decreed the suit. Execution of the decree was resisted by the defendants on the plea inter alia, that the decree was in executable because of the provisions of the Delhi Land Reforms Act, 1954. The Subordinate Judge upheld the contention and dismissed the application for execution. Mahabir Prasad alone appealed against that order and impleaded Gunwanti Devi and Saroj Devi as party-respondents. Saroj Devi died in November, 1962, and Mahabir Prasad applied that the name of Saroj Devi be struck of from the array of respondents. The High Court made an order granting the application subject to all just exceptions . 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants or respondents. Where, such other persons are made parties to the appeal and one of them dies and his heirs are not brought on the record within the period of limitation prescribed by the Limitation Act, the appeal abates in its entirety. The High Court observed : Appellant Mahabir Prasad has impleaded the remaining two decree-holders as respondents to the appeal. The execution application of all the decree-holders has been dismissed on a common ground that the decree which is sought to be executed has become null and void. The appeal abates so far as decree-holder Sarojni respondent is concerned because her legal representatives have not been brought on the record within time. The order of the executing Court has become final so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased appellant was joint and indivisible and that in the event of the success of the appeal there would be two inconsistent and contradictory decrees. The surviving appellants claimed that the appeal was maintainable on the ground that without impleading the plaintiff who had died they could have appealed against, the entire decree in view of the provisions of Order 41 Rule 4 of the CPC , and on that account they were competent to continue the appeal, even after the death of one or the joint decree-holders and abatement of the appeal so far as he was concerned, and the Court had power to hear the appeal and to reverse or vary the whole decree. this Court held that the provisions of Order 41 Rule 4 of the CPC were not applicable, for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and no steps were taken to serve him with notice of the appeal. The High Court dismissed the appeal holding that there was a joint decree against Ratan Lal and Mohan Singh in a suit founded on a joint cause of action and the decree against Mohan Singh had become final. The appellant could not, on that account claim to be heard in his appeal: if he was heard and his claim was upheld. The High Court observed that there would be two conflicting decisions between the same parties and in the same suit based on the same cause of action. this Court set aside the judgment of the High Court observing that even though Mohan Singh was not served with notice of appeal, the appeal filed by Ratan Lal was maintainable, in view of the provisions of Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Mahabir Prasad being one of the heirs of Saroj Devi there can be no abatement merely because no formal application for showing Mahabir Prasad as an heir and legal representative of Saroj Devi was made. Where in a proceeding a party dies and one of the legal representatives is already on the record in another capacity, it is only necessary that he should be described by an appropriate application made in that behalf that he is also on the record, as an heir and legal representative. Even if there are other heirs and legal representatives and no application for impleading them is made within the period of limitation prescribed by the Limitation Act the proceeding will not abate. On that ground also the order passed by the High Court ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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