DOLAI MOLLIKO & ORS. vs KRUSHNA CHANDRA PATNAIK & ORS.

The Supreme Court held that under Order XXII Rule 3 of the Code of Civil Procedure, 1908, the appeal does not abate even if not all heirs of a deceased plaintiff are brought on record, provided the heirs present adequately represent the estate. The Court emphasized that unless there is evidence of fraud, collusion, or circumstances indicating an unfair trial, the absence of some heirs does not invalidate the proceedings. The appeal was allowed, affirming that the widow and major son represented the estate fully despite the omission of other heirs.