STATE BANK OF INDIA Vs. RAMKRISHNA PANDURANG BARVE
LAWS(SC)-1990-7-68
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 23,1990

STATE BANK OF INDIA Appellant
VERSUS
RAMKRISHNA PANDURANG BARVE Respondents


Cited Judgements :-

ONGBI THAMBAINAMBI DEVI VS. L NINGOL LEINAMBI DEVI [LAWS(GAU)-1996-8-37] [REFERRED TO]
PRASADI LAL VS. MATHURA BAI [LAWS(MPH)-1995-11-41] [FOLLOWED ON]
GIRJA DEVI VS. DIRECTOR SANSKRIT EDUCATION RAJASTHAN [LAWS(RAJ)-1999-7-4] [REFERRED TO]
SURESH CHAND GARG VS. SHRI SANATAN DHARM UCHHA MADHYAMIC VIDHYALAYA [LAWS(RAJ)-1996-11-50] [REFERRED TO]


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,
;


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