RAMESHWAR PRASAD AND OTHERS vs M/s. SHYAM BEHARILALJAGANNATHAND OTHERS

The Supreme Court held that the provisions of Order 41 Rule 4 of the Code of Civil Procedure, 1908, were not applicable as the second appeal was filed jointly by all plaintiffs, and the surviving appellants could not represent the deceased appellant. The Court ruled that an appellate court cannot reverse or vary a decree in favor of all plaintiffs if any of them dies and the appeal abates concerning that plaintiff under Order 22 Rule 3. Consequently, the appeal was deemed not maintainable, and the preliminary objection raised by the respondents was upheld.