SUJABEN MANUBHAI SOLANKI vs SHIVSANGBHAI PURSANGHBHAI SOLANKI .

The Supreme Court held that in partition suits, the legal representatives of a deceased appellant should be allowed to be brought on record to ensure that the matter is decided on merits, emphasizing the need for liberal construction to advance substantial justice. The Court set aside the High Court's order of abatement and restored the First Appeal, directing the High Court to issue fresh notices and expedite the hearing. This decision underscores the principle that parties should not be denied the opportunity to contest their case due to procedural lapses, provided there is no gross negligence.