S.B.CIVIL SECOND APPEAL NO.430/2006 (Municipal Council, Pali vs. Mohammed & Ors.) DATE OF ORDER : 15/1/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Yashwant Mehta, for the appellant. Learned counsel for the appellant fairly submits that since the legal representatives of deceased Bhagwan Singh were no brought on record, the appeal of the appellant had abated as it was a joint plaint by both the respondents Mohammed son of Murad and Bhagwan singh son of Shri Bakhtawar Singh in respect of the suit shop for which they filed injunction suit against the Municipal Council, Pali and same was decreed by the learned trial court on 6/5/2000 in view of Supreme Court decision in case of Babu Sukhram Singh vs. Ram Dular Singh & Ors. - AIR 1973 SC 204, wherein, the Hon'ble Supreme Court held that where a joint claim against several defendants is made in a suit and during the pendency of appeal by the plaintiff, some of the defendants die and no separate claim is made against any of the defendants in appeal, the failure of the plaintiff to bring on record their legal representatives results in abatement of appeal in toto. Since, admittedly, L.Rs of Bhagwan Singh, one of the plaintiffs, were not brought on record by the Municipal Council, Pali, the appeal was rightly dismissed by the first appellate court as having abated. This court finds that no substantial question of law arises in the present case for consideration by this Court. The appeal is found to be devoid of merit and same is accordingly dismissed. (DR.VINEET KOTHARI), J. item no.17 baweja/-