The Supreme court in the case of CIVIL APPEAL NOS. 5067-5068 OF 2022 titled as SAKHARAM SINCE DECEASED THROUGH L.RS & ANR. VERSUS KISHAN RAO delivered a judgment holding that till the time any of the parties to the suit survive, the suit shall proceed for the surviving parties.

The Division Bench of the Supreme Court comprising of JUSTICE MS. INDIRA BANERJEE And MR. JUSTICE V. RAMASUBRAMANIAN held as under:-

8. The above Rule makes it clear that where there are more defendants than one and any of them dies and where the right to sue survives against the surviving defendant, the suit shall proceed against the surviving defendant. Order XXII Rule 11 states that in the application of Order XXII to appeals, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal.

9. Therefore, if the word “defendant” appearing in Order XXII Rule 2 is replaced by the word “respondent”, it will be clear that the second appeal did not abate and the right to sue survives against the surviving respondent.

Get the full judgment in the following link :-

https://main.sci.gov.in/supremecourt/2021/15379/15379_2021_6_11_37005_Order_03-Aug-2022.pdf