MAHABIR PRASAD vs JAGE RAM & ORS.

The Supreme Court held that under Order 41 Rule 4 of the Code of Civil Procedure, an appeal can be maintained by one plaintiff even if others do not join, provided the decree is based on a common ground. The Court found that the High Court erred in dismissing the appeal on the basis that the heirs of a deceased plaintiff were not brought on record within the limitation period, as the decree was joint and the appeal could proceed despite the absence of one party. The Court reversed the High Court's decision, allowing the appeal to continue.