THE STATE OF PUNJAB vs NATHU RAM

The Supreme Court held that under Order 22 Rule 4 of the Code of Civil Procedure, 1908, the abatement of an appeal against a deceased respondent does not automatically lead to the abatement of the entire appeal if the remaining respondents can still be properly constituted. The Court established that the appeal can proceed if it can be resolved without conflicting with the decree against the deceased respondent. The High Court's dismissal of the appeal was overturned, allowing the appeal to continue against the surviving respondent, provided the necessary parties are present for a proper decision.