STATE BANK OF INDIA Vs. RAMKRISHNA PANDURANG BARVE

JUDGEMENT

(1.) After hearing the learned Counsel for both parties, it appears to us that the appeal as filed is incompetent in view of the provisions of Order XXX, Rule 1 of the Civil Procedure Code.

(2.) The initial suit was filed by the present appellant against the partnership and the partnership was impleaded as defendant No. 1, while the partners were shown as defendants Nos. 2 to 5. As the issues indicate, there were different defences taken by different defendants and all the issues were tried and the trial Court decreed the claim against the firm and defendant No. 2 and defendant No. 4, the suit was, however, dismissed against defendants Nos. 3 and 5.

(3.) In the appeal against that dismissal, the partnership has not been impleaded nor has it been joined nor have the other defendants been joined or impleaded.