Mohd. Hussain (Dead) By Lrs & Ors vs Occhavlal & Ors

The Supreme Court held that the second appeal did not abate due to the death of Mohd. Hussain, as some of his heirs were already on record, thus allowing the appeal for redemption of mortgage to proceed. The Court clarified that the absence of all heirs does not invalidate the suit, emphasizing that only the deceased's name needed to be removed from the array of respondents. The judgment of the High Court was set aside, and the matter was remanded for consideration on merits.