Bengal Ambuja Housing Development ... vs Pramila Sanfui And Ors

The Supreme Court addressed the appeals arising from the High Court's refusal to interfere with the dismissal of a partition suit under Order XXII of the Code of Civil Procedure, 1908, which abated due to the death of a defendant without substitution. The Court held that abatement occurs automatically when no application for substitution is made within the prescribed time, affirming the principle that the right to sue does not survive against the remaining defendants. The appeals were dismissed, upholding the High Court's decision.