An appeal abates when deceased appellants’ legal representatives are not brought on record.

The appellants had filed an appeal under Section 96 of the Code of Civil Procedure challenging the decree dated 29 July 2021 in O.S. No. 140 of 2016.

At the hearing, counsel reported that both appellants had died: the first appellant had died before the appeal was filed, and the second died on 19 September 2024.

No steps had been taken to bring their legal representatives on record.

1. Whether the appeal could proceed when both appellants had died and no steps had been taken to bring their legal representatives on record

2. Whether the appeal should be dismissed as abated in those circumstances

The Court applied the procedural principle that an appeal abates when the deceased appellant’s legal representatives are not brought on record and the appeal cannot proceed in their absence.

Although the appeal was brought under Section 96 of the Code of Civil Procedure, the order did not cite any statutory provision, precedent, or further legal test as the basis for dismissal.

The Court recorded that both appellants were deceased and that no application or other steps had been taken to substitute their legal representatives.

In those circumstances, it treated the appeal as abated and dismissed it without examining the merits of the challenge to the trial court’s decree.

The Court made no order as to costs and closed the connected miscellaneous petition.