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Issues: Whether the appeal survived after the death of a respondent whose legal representatives were not brought on record, and whether Order 41, Rule 4 of the Code of Civil Procedure, 1908 could be invoked to set aside the decree for specific performance in the absence of a necessary party.
Analysis: The decree under challenge was of a joint character, both because it directed specific performance and because it required payment under the decree to all defendants together. The deceased respondent was held to be a necessary party, since any reversal of the decree for specific performance would affect the decree in his favour and also foreclose the alternative relief claimed against him for refund of part consideration. The Court also held that Order 41, Rule 4 could not save the appeal, because allowing the surviving appellants to succeed would require passing inconsistent or contradictory decrees and granting relief which could not properly be awarded in the absence of the deceased respondent's legal representatives. The abatement as against the deceased respondent therefore fatally affected the whole appeal.
Conclusion: The appeal could not be effectively heard or allowed in the absence of the legal representatives of the deceased respondent, and Order 41, Rule 4 did not avail the appellants.
Ratio Decidendi: Where an appeal challenges a joint decree and the death of a necessary party causes abatement against that party, the appellate court cannot grant relief that would result in inconsistent decrees or affect rights that have already become final as against the deceased party.
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