Code of Civil Procedure, 1908–Order 23, Rule 3(2)–Applicability of provision–Appellant and his late brother sued as plaintiffs for a declaration that the first defendant was not the adopted son–Dismissal of suit–During the pendency of appeal, brother of appellant died–His LRs. were not brought on record–View of High Court that the appeal would abated as whole–Whether proper?–Held, yes–Right which was set up by the appellant along with his brother was joint–Decree passed by trial Court against the deceased-brother attained finality and it would be treated as two different decrees–one decree against the appellant and other against the deceased-brother–Decree which the High Court would be invited to pass may be contradictory and inconsistent with the decree as against the deceased brother–Merely because the appellant was permitted to prosecute the appeal by an interlocutory order would not be sufficient to tide over the legal obstacle posed by the inconsistent decree–Interference declined.
