In Brief
Delhi Development Authority sought to overturn a High Court order dismissing its appeal in a land acquisition dispute as wholly abated due to non-substitution of deceased respondents' legal representatives. The Supreme Court held that an appeal cannot be mechanically dismissed as abated without examining whether the right to sue survives against remaining respondents and whether the original plaintiffs' estate adequately represents all co-owners. Where jointly-owned property is involved and plaintiffs institute suit on behalf of all co-owners, abatement principles under CPC Order 22 require case-by-case enquiry into the nature of the decree and survival of rights. The appeals were allowed and the matter remitted to the High Court for proper consideration on merits with direction to conduct the necessary enquiry before deciding whether abatement applies wholly or partially.
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