In Brief
This appeal concerns a second appeal where the original plaintiff and two defendants died during its pendency. No steps were taken to bring their legal representatives on record within the prescribed 90-day period. The High Court later decided the appeal and decreed the suit for specific performance. The Supreme Court held that automatic abatement under the CPC Rules divests the court of jurisdiction to proceed. A decree passed against deceased parties without bringing legal representatives on record is a nullity. The appellants, as legal representatives, could challenge this decree. The Court allowed the appeal and set aside the impugned High Court judgment."
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