PANDIT SRI CHAND AND ORS. vs M/S. JAGDISH PARSHAD KISHAN CHAND

The Supreme Court held that under Order 41 Rule 4 of the Code of Civil Procedure, the abatement of an appeal concerning one appellant results in the abatement of the entire appeal if the liability of the sureties is joint and several. The Court ruled that since the legal representatives of the deceased appellant were not brought on record within the stipulated time, the appeal abated in its entirety to avoid inconsistent judgments. The Court followed precedents from State of Punjab v. Nathu Ram and Rameshwar Prasad v. Shahbehari Lal.