As per the case facts, the original plaintiffs challenged land acquisition proceedings under the Land Acquisition Act, 1894, and sought declarations and injunctions. The suit involved multiple parties, some of ... whom were proceeded against ex-parte. The appeal arose because the High Court dismissed the appeal as a whole due to the failure to bring legal representatives of some deceased respondents. The question arose whether the entire appeal should abate due to the non-substitution of legal representatives of some respondents when the appeal could proceed against others. Finally, the Supreme Court set aside the High Court's order, stating that the appeal should not have abated entirely and directed the High Court to consider the appeal on its merits, especially when the cause of action survives against the remaining respondents.