JUDGMENT

 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,

4. Mr. Solicitor General appearing on behalf of the appellant has contended that the defendants Nos. 1, 2 and 4 were not necessary parties and the decisio