Supreme Court Restores Appeals, Holds Vendor’s Estate Was Sufficiently Represented and Appeal Did Not Abate

A bench of Justices Manoj Misra and Ujjal Bhuyan heard appeals challenging the High Court’s dismissal of two first appeals as having abated for non‑substitution of legal representatives of a deceased judgment‑debtor; the appeals arose from decrees for specific performance and connected eviction proceedings. The principal question before the Court was whether non‑substitution of one heir of the deceased vendor (Murarilal) caused abatement of the appeals and whether earlier orders of the High Court on representation were conclusive.

The Court allowed the appeals, set aside the High Court’s orders of 12.09.2017, and restored F.A. Nos. 213 and 217 of 2000 to the High Court file for fresh adjudication. The Court held that where the estate of a deceased party was “sufficiently represented” on record by other legal representatives and by transferees lis pendens, the proceeding did not abate by mere non‑substitution of one heir. The Court, in its reasoning, observed: “The law is thus settled that the vendor is a necessary party in a suit for specific performance of an agreement for sale of an immovable property, notwithstanding that vendor has transferred his interest in the subject matter of the agreement to a third party. Reason being that the transferee/ third party cannot be subjected to special covenants, if any, between the vendor and the plaintiff‑purchaser. Besides that, the object of the decree of specific performance is to put the person who has agreed to purchase the property in the same position which he would have obtained in case the contracting parties i.e., vendor and the purchaser had, pursuant to the agreement, executed a deed of sale and completed it in every way.” The Court further noted that the High Court’s prior order recording that “the estate of Kishorilal was sufficiently represented” operated as res judicata on the issue and could not be revisited later to hold the appeal abated.

Background The dispute originated from Suit No. 5A of 1992 by Gopal for declaration, injunction and later specific performance against Kishorilal in respect of a scheduled property. During the suit Kishorilal sold the property to Brajmohan and Manoj (transferees lis pendens). The trial court decreed the suit on 18.10.2000 and the vendee and transferees jointly filed F.A. No. 213 of 2000. Kishorilal died in December 2005 and four legal heirs, including Murarilal, were substituted. Murarilal died in 2007; an application sought deletion of his name on the ground that the estate was already represented by other heirs and the transferees. A May 2011 order contained a clerical direction deleting the deceased appellant’s name “at the risk and cost of the appellants,” which the record showed was a typographical error intended to remove Murarilal. The High Court, by order dated 04.03.2013, held that appellants No. 2 and 3 and other heirs were on record and the appeal had not abated, and subsequently allowed impleadment of Murarilal’s heirs as proforma respondents on 03.05.2013. Later the High Court held, by the impugned 12.09.2017 order, that the appeal had abated for non‑substitution of Murarilal’s heirs and dismissed both first appeals; the connected appeal arising from the eviction suit was thereby also dismissed. The Supreme Court held that on the facts three of the four heirs and the transferees sufficiently represented the vendor’s estate, that the earlier High Court view was binding by res judicata, and that the May 2011 clerical error could not be exploited to the respondents’ advantage. The Court set aside the impugned orders, restored the appeals for hearing on merits and disposed of pending applications.

Case No.: CIVIL APPEAL NO. 172 OF 2026 (@ SLP (C) No(s). 36787 of 2017) and CIVIL APPEAL NO. 173 OF 2026 (@ SLP (C) No(s). 397 of 2018)
Case Title: Kishorilal (D) Thr. LRs & Ors. v. Gopal & Ors.
Appearances:
For the Petitioner(s): Sri Puneet Jain, Senior Advocate
For the Respondent(s): Sri Yatindra Singh, Senior Advocate