STATE BANK OF INDIA Vs. RAMKRISHNA PANDURANG BARVE

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) This appeal arises out of a suit filed by the appellant - State Bank of India for a money decree against the partnership firm, defendant No. 1, and its four partners, defendants Nos. 2 to 5. The trial Court passed a decree against the firm, defendant No. 1, and two of its partners, defendants Nos. 2 and 4, and dismissed the suit against the remaining partners, defendants Nos. 3 and 5. The defendants Nos. 1, 2 and 4 did not file any appeal against the decree.

(3.) The appellant-Bank challenged the decision of the trial Court so far it dismissed the-claim as against the defendants Nos.3 and 5 but did not implead the defendants Nos. 1, 2 and 4 as parties to the appeal before the High Court. On a preliminary objection raised against the maintainability of the appeal, the High Court held that the defendants Nos. 1, 2 and 5 were necessary parties and in their absence the appeal was not maintainable. Accordingly, the same was dismissed by the. impugned judgment,