The fact that in the suit, the legal representative was not substituted would not result in the consequence which the High Court has found in the impugned order having regard to the declaration of the law made by this Court. In other words, in view of the fact that the legal representative has been brought on record in appeal though from an interlocutory order, such impleadment will enure towards the proceedings in the suit itself. Para 19 Held, The suit, therefore, must be proceeded with and it cannot be extinguished by virtue of the abatement which the High Court attributes on account of the death of the sole plaintiff and non impleadment in the suit of his legal representative. Para 20. If the legal representatives are brought on record within the prescribed time at one stage of the suit, including at interlocutory/interim stage, it will enure for the benefit of all the subsequent stages of the suit. Consequently, main suit would not stand abated.
[Maringmei Acham v. M. Maringmei Khuripou, (2023) 2 SCC 473]