https://www.taxtmi.com/caselaws?id=168189 An appeal against a joint and indivisible decree cannot proceed against the surviving respondent after abatement has occurred against another joint decree-holder without substitution of legal representatives. Order XXII Rule 4 CPC causes abatement against the deceased respondent when no legal representative is brought on record, while Order I Rule 9 CPC applies only if the controversy can be decided without disturbing rights that have already become final. Because the decree and relief were joint, the appellate court could not alter the surviving respondent's position without directly or indirectly affecting the deceased respondent's share. The appeal against the surviving respondent was therefore not maintainable and had to be dismissed. en-us Mon, 01 May 1961 00:00:00 +0530 Fri, 30 Jan 2015 13:09:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168189 An appeal against a joint and indivisible decree cannot proceed against the surviving respondent after abatement has occurred against another joint decree-holder without substitution of legal representatives. Order XXII Rule 4 CPC causes abatement against the deceased respondent when no legal representative is brought on record, while Order I Rule 9 CPC applies only if the controversy can be decided without disturbing rights that have already become final. Because the decree and relief were joint, the appellate court could not alter the surviving respondent's position without directly or indirectly affecting the deceased respondent's share. The appeal against the surviving respondent was therefore not maintainable and had to be dismissed. Case-Laws Indian Laws Mon, 01 May 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168189