115 of 1968 that the appeal preferred by the appellant Municipal Council, Mandsaur stood abated in view of the fact that legal representatives of one of the companyowners were number brought on record when the appeal was pending before the lower appellate companyrt.
The Municipality did number bring the heirs and legal representatives of the deceased brother on record despite knowledge of such death but made an application that the name of the deceased brother should be deleted from the array of parties.
Such suit was decreed by the trial companyrt and the Municipality thereafter preferred an appeal before the lower appellate companyrt.
It may be stated were that initially three plaintiffs being droners claiming to be the owners of the joint Hindu family property, filed a suit against Municipal Council.
The question thereafter was raised by the remaining plaintiffs that the appeal had abated as a whole because the heirs and legal representatives of one of the companyowners had number been brought on record.
During the pungency of such appeal.
one of the three brothers had died.
