In Brief
The appellants, brothers owning joint Hindu family property, sued jointly to challenge an adoption and prevent a third party's claim. When the second appellant died during the first appeal, his legal representatives were not substituted on record, and the appeal abated as to him. The High Court held the entire appeal abated. The Supreme Court upheld this, holding that although one party's death normally causes abatement only as to that party, where the suit involves joint family property and a decree allowing the appeal would contradict the decree that became final upon the deceased's abatement, the appeal must abate entirely to prevent mutually irreconcilable decrees.
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