DAYA RAM AND OTHERS vs SHYAM SUNDARI

The Supreme Court held that under Order XXII, Rule 4(1) and (3) of the Code of Civil Procedure, 1908, a suit or appeal does not abate if the plaintiff or appellant diligently ascertains and brings the legal representatives of a deceased party on record, even if some remain unknown. The Court ruled that the appellants' father was a trespasser with notice of the true owner's claim and could not claim special equity for improvements made on the property. The High Court's decree was upheld, affirming the respondent's right to a third share in the property despite the construction made by the appellants' father.