In Brief
The Supreme Court set aside a High Court order that had allowed both rival claimants to participate in a pending appeal, each claiming to be the sole legal representative of a deceased appellant. The Court held that when a question arises about who is the legal representative of a deceased party, the appellate court must first determine that question conclusively under Order 22 Rule 5 of the Civil Procedure Code, based on the trial court's report and any objections, before proceeding with the substantive issues. The High Court cannot simply allow all rival claimants to argue simultaneously without deciding the representative question. The appeals were allowed and the matter was remitted to the High Court for proper determination.
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