Pendente lite assignment does not terminate an appeal; the original party may continue unless procedural rules require otherwise.

Devolution or assignment of interest in property during the pendency of a proceeding does not by itself extinguish the right of the original party to continue the appeal. Order XXII Rule 10 CPC permits the proceeding to continue by or against the person upon whom the interest has devolved, and Order XXII Rule 11 applies the same principle to appeals; dismissal merely because the assignee did not seek impleadment is not warranted. The original appellant may proceed, while the assignee may independently seek to come on record.

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Issues: Whether the assignment or release of interest in the suit property during the pendency of the appeal deprived the appellant of the right to continue the appeal and justified dismissal of the appeal for want of impleadment by the assignee.

Analysis: Order XXII Rule 10 of the Code of Civil Procedure contemplates devolution or assignment of interest during the pendency of a suit and permits the proceeding to be continued by or against the person upon whom the interest has devolved. Order XXII Rule 11 extends the same principle to appeals. The legislative scheme does not provide for dismissal of the suit or appeal merely because the assignee does not seek impleadment. The original party may continue the proceeding, and the assignee may, if so advised, seek to come on record. The Court also relied on the settled principle that devolution of interest pendente lite does not, by itself, terminate the lis or extinguish the right to pursue the appeal.

Conclusion: The appellant did not lose the right to continue the appeal on account of the transfer or release of interest, and the High Court was wrong in dismissing the appeal on that ground.

Final Conclusion: The impugned judgment was set aside and the matter was sent back for fresh adjudication in accordance with law.

Ratio Decidendi: Devolution or assignment of interest during the pendency of proceedings does not by itself warrant dismissal or abatement, and the original party may continue the suit or appeal unless the procedural rules expressly provide otherwise.

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