MOOLCHAND Vs. MOHANLAL

JUDGEMENT

(1.) THIS appeal should succeed on short but surest point of abatement as a whole as it is squarely covered by the judgment of the Supreme Court in Rameshwar Prasad's case (1 ). It is not in dispute that there were three plaintiffs, Mohanlal, Ram Khilari and Bhola who filed suit for the plot of land. Their prayer was for cancellation of sale deed and grant of permanent injunction against the defendants. It is common ground that Bhola S/o Rekha expired during the pendency of the first appeal which was filed by all the three plaintiffs on dismissal of the suit, and his legal representatives were not brought on record. Inspite of it, the first appellate court has held that the appeal survived and granted a decree permitting partial relief to the remaining two plaintiffs, Mohanlal and Ram Khilari.

(2.) THE contention of Shri Gopal Garg, the learned counsel for the appellant is that since the decree was joint and indivisible and all the three plaintiffs filed the appeal against the dismissal of the suits, the abatement would not be against one deceased and it would be against all the plaintiffs as a whole.

(3.) THE parties would bear their own costs, throughout. .