As per case facts... The original suit for declaration and possession was dismissed by the Trial Court but decreed by the First Appellate Court against two defendants, Suresh Chandra and ... Ram Babu, who had claimed joint ownership. The heirs of both defendants filed a second appeal. Ram Babu died during its pendency, and his legal representatives were not substituted, leading the High Court to hold the entire appeal abated. The remaining appellants challenged this complete abatement. The question arose whether the entire second appeal abated due to the non-substitution of one co-appellant when the decree was against all on a common ground. Finally, the Supreme Court held that the entire second appeal abated because the original decree was joint and indivisible; allowing the appeal to continue would have resulted in conflicting decrees on the same subject matter, and Order XLI Rule 4 of the CPC was not available to the co-appellants who had jointly filed the appeal