Abhay Manohar Sapre, J.

1. Heard.

2. This is a first appeal filed by the plaintiff under Section 96 of C.P. Code against the judgment and decree dated 27.02.2001 passed by the District Judge, Raipur in Civil Suit No. 96A/86.

3. By the impugned judgment and decree, the trial Court dismissed the plaintiff's suit filed for recovery of Rs.9,13,630.24 against the defendants.

4. So the question that arises for consideration in this appeal is whether the trial Court was justified in dismissing the plaintiff's suit?

5. Facts of the case need mention to appreciate the controversy involved in the suit and now in appeal.

6. The appellant (plaintiff) is the nationalized bank where-as respondent No.1 (defendant No.1) M/s Indiana Cosmetic and Chemical Industries is a partnership firm. The partners of the defendant No. 1 firm at all relevant time were one Shri Nand Kishore Jaisinghani - original defendant NO.2 (since dead) now represented by his legal representatives as defendants 2(A) to 2(D) and one Shri Lekhram Budhani- defendant No.3. There is some dispute about the status of Smt Maina Parwani - defendant NO.4 as to whether she was inducted in the partnership in her individual capacity or a