https://www.taxtmi.com/caselaws?id=189629 An appeal against a joint decree for specific performance failed to survive after the death of a necessary respondent whose legal representatives were not brought on record. The decree was treated as indivisible because it granted specific performance and also involved payment under the decree to all defendants together. The Court held that Order 41 Rule 4 CPC could not be used to save the appeal, since any relief to the surviving appellants would require inconsistent decrees and would affect rights that had already become final in favour of the deceased respondent. Abatement against the deceased respondent therefore fatally affected the entire appeal. en-us Wed, 29 Nov 1972 00:00:00 +0530 Sat, 14 Jan 2017 13:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189629 An appeal against a joint decree for specific performance failed to survive after the death of a necessary respondent whose legal representatives were not brought on record. The decree was treated as indivisible because it granted specific performance and also involved payment under the decree to all defendants together. The Court held that Order 41 Rule 4 CPC could not be used to save the appeal, since any relief to the surviving appellants would require inconsistent decrees and would affect rights that had already become final in favour of the deceased respondent. Abatement against the deceased respondent therefore fatally affected the entire appeal. Case-Laws Indian Laws Wed, 29 Nov 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189629