In Brief
Two co-owners sued to challenge land acquisition notifications issued under the Land Acquisition Act, 1894, joining co-owners as defendants. The trial court decreed the suit, but during appeal, some defendants died and their heirs were not brought on record. The High Court dismissed the entire appeal as abated. The Supreme Court allowed the appeals, holding that an appeal does not automatically abate as a whole merely because representatives of deceased defendants (who did not contest) are not substituted. The court must examine whether the right to sue survives against remaining respondents and whether the estate is adequately represented through surviving parties. The High Court was directed to conduct proper enquiry on these questions and hear the appeal on merits.
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