Single and indivisible decree barred merits hearing after abatement against deceased respondents in second appeal

In a second appeal concerning a single and indivisible decree, failure to bring the legal representatives of deceased respondents on record caused the appeal to abate against them. Because any merits decision against the surviving respondents would risk inconsistent decrees where the rights of the deceased respondents had already become final, the appeal could not proceed in a fragmented manner. The appeal therefore abated as against all respondents and was not maintainable on the merits.

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Issues: Whether the second appeal abated as against all respondents on the death of some of the original parties without substitution of their legal representatives, where the decree was single and indivisible.

Analysis: In a case involving a single and indivisible decree, the appeal cannot be proceeded with against surviving respondents if it has already abated against deceased respondents, because any decision on merits would create inconsistent decrees between persons whose rights have become final and the contesting parties. Where legal representatives of the deceased respondents are not brought on record, the appeal abates as against them and the court cannot adjudicate the merits against the remaining respondents in a manner inconsistent with that abatement.

Conclusion: The appeal had abated as against all the respondents and could not be heard on merits.

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