Mahalingam vs Gurusamy on 8 November, 2019
In
Thakur Ram Janki v. Jago Singh (AIR 1962 Pat 131) referred to
above, an appeal was filed by some of the defendants against the
decree. Two of the defendants, who did not file such appeal,
died during the pendency of the said appeal. A Division Bench of
the Patna High Court considered the question and held that
whether they died before the filing of the appeal or after the
filing of the appeal, it did not matter and the benefit of the
decree which might be passed by the appellate court was
available to the legal representatives of the deceased non-