PRABIR KUMAR MAJUMDAR, J. - (1.) These two appeals are against the judgement and order dated 11th Sept. 1975 passed by a learned single Judge of this court. The plaintiff is the appellant before us. The plaintiff has taken out a Master's Summons claiming, inter alia, that the death of respondent Nos. 2, 4, 6 and 9 and the dissolution of the defendant No. 1 be recorded, and the heir and/or legal representative of the defendant No. 6 be substituted and made a party to the suit and setting aside of the abatement of the suit, if any. The learned Judge rejected the said application for substitution and also dismissed the suit on a preliminary paint taken by the defendants that as the suit could not be proceeded against the defendants Nos. 1, 2, 4, 6 and 9 the plaintiff cannot proceed against the remaining guarantors.
(2.) The plaintiff United Bank of India Ltd. as the successor of Comilla Banking Corporation instituted a suit against the company Modern Stores (India) Ltd., a company incorporated under the Companies Act, 1913, the defendant No. 1 in the suit and the other defendants. The defendant company had a current account with one Comilla Banking Corporation. At the request of the defendant No. 1 the said Comilla Banking Corporation agreed to allow the overdraft on the terms and conditions contained in an agreement entered into by and between the company the defendant No. 1 in the suit and the predecessor-in-interest of the plaintiff, the Comilla Banking Corporation Ltd. The other defendants, namely, defendants Nos. 2 to 9 in consideration of the Comilla Banking Corporation agreeing to lend and advance to the defendant company's moneys on the overdraft account guaranteed the repayment by the defendant No. 1 of the amounts of the overdraft up to limit allowed by the Bank.
(3.) The plaintiff appellant came to know that sometime after the institution of the above suit the defendant company went into voluntary liquidation and one Mr. N. Sanyal, a Chartered Accountant was appointed liquidator. The plaintiff appellant further ascertained by an enquiry that the defendant company was dissolved on 1st March, 1961.;