https://www.taxtmi.com/caselaws?id=199434 Where a decree rests on a common ground affecting all parties, Order 41 Rule 4 allows appellate relief in an appeal by one decree-holder even if another respondent-decree-holder dies without substitution within limitation. The appeal does not abate in entirety merely because the deceased respondent was a joint decree-holder; the appellate court may still vary or reverse the decree on the common ground. No abatement also follows where one heir or legal representative is already before the court in another capacity and can be treated as representing the deceased estate. The High Court's dismissal on abatement grounds was set aside and the matter remanded. en-us Wed, 06 Jan 1971 00:00:00 +0530 Wed, 28 Feb 2018 15:59:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199434 Where a decree rests on a common ground affecting all parties, Order 41 Rule 4 allows appellate relief in an appeal by one decree-holder even if another respondent-decree-holder dies without substitution within limitation. The appeal does not abate in entirety merely because the deceased respondent was a joint decree-holder; the appellate court may still vary or reverse the decree on the common ground. No abatement also follows where one heir or legal representative is already before the court in another capacity and can be treated as representing the deceased estate. The High Court's dismissal on abatement grounds was set aside and the matter remanded. Case-Laws Indian Laws Wed, 06 Jan 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199434