MOHD. HUSSAIN(DEAD) BY LRS. vs OCCHAVLAL .

The Supreme Court addressed the maintainability of a mortgage redemption suit in the context of the death of a party, specifically Mohd. Hussain, during the appeal process. The Court held that the second appeal did not abate despite the death, as some heirs were already on record, and only the need to note the death and delete Hussain's name was necessary. The Court concluded that the absence of all heirs did not invalidate the suit, thereby upholding the lower courts' decrees for redemption of the mortgage.