SAT GURU SHARAN SHRIVASTAVA vs DWARKA PRASAD MATHUR (D)

The Supreme Court upheld the High Court's dismissal of the appeal in suit No.121-A of 1984, ruling that the suit abated due to the death of the first defendant without legal representatives being brought on record, thus rendering the decree in suit No.77-A of 1976 final. The Court clarified that the plea of fraud against the first defendant could not be adjudicated without affecting the finality of the decree against the second defendant. The Court found no merit in the petitioner's argument regarding Order 22, Rule 4(4) of the CPC, affirming that the entire suit abated as a result of the circumstances presented.