Mithailal Dalsangar Singh And Ors vs Annabai Devram Kini And Ors

The Supreme Court held that the death of one plaintiff in a suit for specific performance does not automatically lead to the abatement of the entire suit, as per the principles laid down in Order 22 Rule 4 of the Code of Civil Procedure, 1908. The Court emphasized that the legal representatives of the deceased plaintiff can be brought on record even if the other plaintiffs do not seek to set aside the abatement. The Court reversed the High Court's decision that dismissed the suit as abated, thereby allowing the appeal and restoring the order of the Single Judge.