BAKSHISH SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) This appeal by special leave arises from the order of the learned Single Judge of the Punjab and Haryana High court made in Second Appeal No, 477 of 1968 on 12/9/1978.

(2.) The admitted facts are that one Mathra Singh, Plaintiff 1 and Defendants 1 to 13 were partners of the factory known as Modern Ice Factory at Gurdaspur. A suit was filed for dissolution of partnership and rendition of accounts. The trial court dismissed the suit. Appeal also was dismissed. While the second appeal was pending, it is not in dispute that two of the partners died. Their legal representatives were not brought on record. Consequently, the High court dismissed the second appeal as having abated as against all the respondents. Thus, this appeal by special leave.

(3.) It is pointed out in the report of the Registry that Respondents 8 and 14 (i) , pending this appeal, have also died and no steps have been taken to bring the legal representatives on record. It is contended by Smt. Manjeet Chawla, learned counsel for the appellant that the original partners are Respondents 2, 14 and 15. As against them, the appeal has not been abated and the High court was wrong in its conclusion that the appeal stands abated as against other persons who havesubsequently purchased the interest of the partners. It is seen that even pending appeal the 14th respondent, the original partner also died and his legal representatives were brought on record and that Respondent 14 (1 also died. The 8th respondent also died pending appeal.