Amar Singh and Others vs Lal Singh and Others

This appeal by special leave arises from the order of the Punjab & Haryana High Court made in SA No. 185 of 1966 on 18-1-1977. Pending appeal, the first respondent died on 5-5-1979 and the appeal against him stood abated. We are informed that the third respondent also died on 8-11-1984. No steps have been taken. We are further informed that all the appellants too have died but legal representatives have not been brought on record. We need not proceed further except to the extent of the matter on record, namely, the death of the first respondent and abatement qua him. Admittedly, the first respondent died on 5-5-1979. His defence against the suit of the appellant is based upon the Will. The Will now stands upheld by the High Court. Consequently, as all the respondents are jointly entitled to the property covered under the Will, the relief is joint and inseparable. Since the appeal as against the first respondent stood abated, the decree being joint and inseparable, the appeal stands abated as against all the respondents. Consequently, we cannot hear the matter on merits, though Ms Janani, learned counsel for the appellant, sought to canvass the correctness of the finding of the High Court.

The appeal is dismissed. No costs.