RAMESHWAR PRASAD AND OTHERS versus M/S. SHYAM BEHARILAL JAGANNATH AND OTHERS

RAMESHWAR PRASAD AND OTHERS versus M/S. SHYAM BEHARILAL JAGANNATH AND OTHERS

When all plaintiffs file a joint appeal and any one dies without substitution of legal representatives, the appeal abates as to that person and the surviving appellants cannot continue the appeal to obtain relief concerning the joint and indivisible interests, as the appellate court cannot pass a decree affecting the abated party. Order 41 Rule 4 and Rule 33 CPC do not permit continuation or grant of relief for the abated appellant’s interest.

Parties
Appellants: Rameshwar Prasad and Others; Respondents: M/s. Shyam Beharilal Jagannath and Others
Jurisdiction
India
Judgment Date
03 May 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated January 7, 1959, of the Allahabad High Court in Second Appeal No. 448 of 1952
Outcome
Appeal dismissed
Legal Topics
Abatement of Appeal, Legal Representatives, Joint and Indivisible Interests, Order 41 Rule 4 CPC, Order 41 Rule 33 CPC
Civil Procedure Abatement of Appeal Legal Representatives Joint and Indivisible Interests Order 41 Rule 4 CPC Order 41 Rule 33 CPC

Case Brief

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Parties

Rameshwar Prasad and Others

Appellants

M/s. Shyam Beharilal Jagannath and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated January 7, 1959, of the Allahabad High Court in Second Appeal No. 448 of 1952

Legal Issues

  1. 1 Whether the surviving appellants could continue the appeal after the death of one appellant when all had a joint and indivisible interest
  2. 2 Applicability of Order 41 Rule 4 and Rule 33 of the Code of Civil Procedure in such circumstances

Ratio Decidendi

When all plaintiffs file a joint appeal and any one dies without substitution of legal representatives, the appeal abates as to that person and the surviving appellants cannot continue the appeal to obtain relief concerning the joint and indivisible interests, as the appellate court cannot pass a decree affecting the abated party. Order 41 Rule 4 and Rule 33 CPC do not permit continuation or grant of relief for the abated appellant’s interest.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs