RIKHU DEV, CHELA BAWA HARJUG DASS vs SOM DASS (DECEASED) THROUGH HIS CHELA SHIAMDASS

The Supreme Court held that in a suit brought by or against a person in a representative capacity, the applicable rule for devolution of interest upon death is Order 22 Rule 10 of the Code of Civil Procedure, 1908, rather than Rules 3 or 4. The Court clarified that the interest in the property, which is the subject matter of the suit, devolves upon the successor elected as Mahant, allowing the appeal to continue despite the delay in impleading the new Mahant. The appeal was allowed, affirming the principle that a suit cannot be abated merely due to the change in representation during its pendency.