ORDER

1. Leave granted.

2. M/s Kamal Engineering Works was a partnership firm comprising two partners - Shiv Singh Galundia and his son - Sumer Singh Galundia. The firm filed Civil Suit No.73/1996 for specific performance of contract, damages, declaration and for permanent injunction. The Additional District and Sessions Judge No. - 2, Jaipur District, Jaipur dismissed the aforesaid Suit on 07.11.2003.

3. The aggrieved partnership firm filed a First Appeal before the High Court. During the pendency of that appeal, one of the partners, namely, Shiv Singh Galundia died. His legal heirs, which included his wife, two sons and a daughter moved an application under Order XXII, Rule 3 CPC in the pending appeal for their substitution as legal representatives of the deceased partner.

4. The High Court vide the impugned order dated 20.07.2019 has taken the view that with the demise of Shiv Singh Galundia - one of the two partners, the partnership firm stands dissolved automatically and, thereafter, right to sue does not survive to the other partner for seeking the relief(s) as were prayed for by the partnership firm in the Suit. Consequently, the first appeal itself has been dismissed as abated.