SHASHIBUSHAN PRASAD MISILRA & ANR. vs BABUJI RAI & ORS.

The Supreme Court held that the High Court erred in dismissing the appeal on the grounds of abatement against the deity, as it was not a necessary party to the appeal. The Court clarified that the appeal could proceed against the contesting defendants despite the dismissal against the deity. It established that a decision operates as res judicata between co-defendants only if the conflict of interest is necessary for the plaintiffs' relief and is finally decided, which was not the case here. The appeal was allowed to proceed, reaffirming the principle that non-payment of costs does not lead to abatement when no party has died.