Mata Prasad Mathur(Dead) By Lrs vs Jwala Prasad & Ors

The Supreme Court ruled that the suit filed by the plaintiffs did not abate despite the failure to substitute the legal representatives of a deceased defendant, Virendra Kumar, who had not contested the suit. The Court emphasized that under Order XXII Rule 4(4) of the Code of Civil Procedure, 1908, the trial Court had the discretion to exempt the plaintiffs from substituting such a defendant. The First Appellate Court's decision to set aside the trial Court's dismissal was upheld, affirming that the suit's maintainability was unaffected by the defendant's death.