DWARKA PRASAD SINGH & OTHERS vs HARIKANT PRASAD SINGH & OTHERS

The Supreme Court held that the appeal abated due to the non-impleadment of the legal representatives of a deceased respondent, emphasizing that the vendor is a necessary party in a specific performance case under Order 41 Rule 4 of the Code of Civil Procedure. The Court clarified that the execution of the sale deed requires the vendor's participation, as any special covenants between the vendor and the original purchaser must be included in the sale deed. Consequently, the appeal was dismissed, affirming the trial court's decree for specific performance against the defendants.