MATA PRASAD MATHUR(DEAD) BY LRS. vs JWALA PRASAD .

The Supreme Court held that the suit filed by the plaintiffs did not abate despite the death of one of the defendants, Virendra Kumar, as he had not contested the suit or filed a written statement. The Court emphasized that under Order XXII Rule 4(4) of the Code of Civil Procedure, the trial Court could exempt the plaintiffs from substituting the legal representatives of a defendant who failed to appear. The High Court's affirmation of the First Appellate Court's decision was upheld, confirming the maintainability of the suit without substitution of the deceased defendant's legal representatives.