In Brief
A case involving appeals from a suit for specific performance of a property purchase agreement. When the original defendant (Kishorilal) died during the appeal, his four legal heirs were substituted. One heir (Murarilal) later died without his heirs being substituted in time. The High Court dismissed the appeals as having abated due to this non-substitution. The Supreme Court reversed this, holding that since three of Kishorilal's heirs remained on record along with transferees of the property, the deceased's interest was sufficiently represented and the appeal did not abate. The Court also found that the High Court's earlier order holding no abatement operated as res judicata. Both appeals were restored for decision on merits.
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