KHAN NAZIR MOHD Vs. IQBAL BEGUM

JUDGEMENT

(1.) REFERENCE is invited to order dated 28 -3 -1980. The admitted position is that respondents 3 & 4 have died during the pendency of this appeal, but their legal representatives were not brought on record and fee question arose whether the appeal could still continue, learned counsel for the parties took time to argue this point, Today counsel for the appellant has not appeared. We have heard the counsel for the surviving respondents. The appeal arises out of a suit for partition The deceased respondents were as much interested in the suit property as the surviving respondents. The appeal having abated against respondents 3 & 4 it cannot continue as against surviving

(2.) RESPONDENTS because the interests of the deceased respondents is not severable from that of the surviving respondents. The effect of the abatement of the appeal as against respondents 3 & 4 is that the appeal does not survive and is liable to be dismissed. We hereby dismiss the appeal. There shall be no order as to costs.