ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court made on May 2, 1980 in appeal from Original Decree No. 306/69.

2. The respondent filed a suit to recover a sum of Rs. 58,880/- on the foot of a promissory note dated April 1, 1960 to recover the principal sum of Rs. 46,380/-      and interest which accrued thereon. The trial Court dismissed the suit. But on appeal, the High Court allowed the appeal and decreed the suit. Thus, this appeal by special leave.

3. Two points were raised in the written statement and argued by the respondents. The first point that was addressed and pressed for consideration is that the respondent-plaintiff being a partnership firm, has not impleaded all the partners co-nominees as plaintiff-party to the suit. Resultantly, the suit is not maintainable. Pending suit, one of the partners died and the legal representatives were not brought on record. The question, therefore, was: whether the suit is liable to be dismissed for non-joinder of the necessary and proper parties ? The trial Court as well as the High Court recorded as a