ARUN B. SAHARYHA ( 1 ) ( 2 ) THESE applications have been filed seeking permission of various interested owners and tenants of the land in question to sue or be sued as appellants or respondents in representative capacity; and/or for bringing on record legal representatives of some of the deceased parties. ( 3 ) THE appeal arises out of judgment and award dated 29. 8. 1982 of the learned Additional District Judge, Delhi on a reference for apportionment of the amount of compensation between owners and tenants of the acquired land under Section 30/ 31 of the Land Acquisition Act. ( 4 ) VARIOUS owners claiming right to relief jointly, severally or in the alternative as well as various tenants claiming relief likewise were joined as parties in the reference. ( 5 ) AGGRIEVED by the impugned judgment and award of the court, the appellants, who are owners, preferred the appeal, which is presently pending. ( 6 ) DURING pendency of the appeal, some of the owner-appellants and also some of the question of proper order to be made for further proceedings in the appeal. ( 7 ) PERUSAL of the impugned judgment and award of the court shows that common question of law or fact have been decided. The appeal also proceeds on ground common to all owners as well as to all tenants who were parties to the reference. ( 8 ) IN the facts and circumstances of the present case, it appears that the provision made in Order 1 Rule 8 CPC and that in Order 22 Rules 3 and 4 CPC would not be applicable and the case would be governed by the principles postulated in Rule 4 of Order 41 CPC, which read as follows: "4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all - Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be. " ( 9 ) HERE, the judgment and award appealed from proceeds on ground common to all the owners and to all the tenants. Likewise, the appeal also proceeds on ground common to all the owner-appellants and all the tenant-respondants. Therefore, it is competent for any of the appellants or of the respondents to prosecute the appeal and seek reversal or the variation of the impugned judgment and award in favour of all the appellants. ( 10 ) IN such a situation, where the right to sue survives to the surviving appellant or appellants alone and against the surviving respondent or respondents alone, the court would cause an entry to be made to the effect that a particular party has died and the appeal shall proceed at the instance of the surviving appellants and against the surviving respondents. Ordered accordingly. ( 11 ) THE applications are disposed of in the above terms.