MITHAILAL DALSANGAR SINGH vs ANNABAI DEVRAM KINI .

The Supreme Court addressed the issue of abatement of a suit due to the death of one plaintiff under Order 22 Rule 4 of the Code of Civil Procedure, 1908. The Court held that the death of one co-plaintiff does not necessarily lead to the abatement of the entire suit if the legal representatives of the deceased plaintiff are brought on record in a timely manner. The Court set aside the High Court's order dismissing the suit as abated, emphasizing the need for a liberal approach in allowing legal representatives to be substituted.