( 1 ) THIS is an appeal from a decree dismissing the plaintiff's suit on the preliminary ground that the suit is not maintainable.

( 2 ) THE first defendant herein, East Bengal Commercial Bank Ltd. , obtained a decree in this Court against the plaintiff and the second defendant, Oriental Trading Syndicate, a partnership firm, on an overdraft account on 20-7-1948. The suit was filed on 21-2-1948 and was decreed ex parte. The plaintiff Atul Chandra Sarkar did not make an application for setting aside the said decree or prefer an appeal theretrom. He tiled this suit on 21-1-1949, claiming a declaration that the said decree of 20-7-1948 was void and of no effect and asked for setting aside the same. His allegations in the plaint are: (a) On 16-3-1946 an agreement was entered into by and between the Bank on the one hand and the plaintiff and the second defendant (hereinafter referred to as the firm) on the other whereby the Bank was to lend to the firm the sum of Rs. 5,000/-against the securities of bills drawn or to be drawn by the firm, such loan to be guaranteed by the plaintiff. (b)In pursuance of this agreement various sums of money were advanced by the Bank to t