This appeal arises out of a suit filed by the appellantState Bank of India for a money decree against the partnership firm, defendant No.
The appellant Bank challenged the decision of the trial Court so far it dismissed the claim as against the defendants Nos.
2 and 4, and dismissed the suit against the remaining partners, defendants Nos.
3 and 5 but did number implead the defendants Nos.
The trial Court passed a decree against the firm, defendant No.
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 number maintainable.
1, 2 and 4 did number file any appeal against the decree.
3 and 5.
1, and its four partners, defendants Nos.
1, and two of its partners, defendants Nos.
Heard the learned Counsel for the parties.
The defendants Nos.
Special leave is granted.
2 to 5.
