Order XLI Rule 4 CPC No Shield Against Abatement In Joint Appeals Without Substitution Of Deceased Party's LRs : Supreme Court

The Supreme Court on Friday (July 18) clarified that a remedy under Order XLI Rule 4 CPC (which allows one party to appeal on behalf of others if the decree is based on common grounds) does not apply when all defendants jointly appeal and one dies without substitution. The bench comprising Justices PS Narasimha and Manoj Misra heard the case where the Appellants/defendants challenged the MP...