https://www.taxtmi.com/caselaws?id=311156 An appeal confined to costs was maintainable because an award of costs under Section 35(2) CPC may be interfered with where judicial discretion is exercised on wrong principles, and the lower appellate court treated the order as involving such a principle. The right to sue did not survive after the original plaintiff's death because the suit was not representative in character and the deceased plaintiff was not shown to have a transmissible or legally maintainable cause of action. Substitution could not enlarge the original claim, so the suit abated and dismissal was sustained. en-us Mon, 23 Jan 1956 00:00:00 +0530 Mon, 11 Dec 2023 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311156 An appeal confined to costs was maintainable because an award of costs under Section 35(2) CPC may be interfered with where judicial discretion is exercised on wrong principles, and the lower appellate court treated the order as involving such a principle. The right to sue did not survive after the original plaintiff's death because the suit was not representative in character and the deceased plaintiff was not shown to have a transmissible or legally maintainable cause of action. Substitution could not enlarge the original claim, so the suit abated and dismissal was sustained. Case-Laws Indian Laws Mon, 23 Jan 1956 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311156