( 1 ) THIS is an appeal from a judgment delivered by Mr. Justice Salil K. Roy Chowdhury on the 25th Aug. , 1076.

( 2 ) THE present suit was instituted on July 11, 1973 against the defendants for leave under Clause 12 of the Letters Patent, for a decree for Rs. 4,45,835/-; for a declaration that the plaintiff's account with the Punjab National Bank was wrongly debited and other reliefs.

( 3 ) ON July 23, 1973, the writ of summons was taken out and lodged with the Sheriff. The time to serve the writ of summons on the defendants Nos. 3, 5 and 6 expired on Nov. 14, 1973. The Master directed the Sheriff to serve the Writ of Summons on the defendants Nos. 3, 5 and 6 by registered post on the 6th Dec. , 1973 and the returnable date was extended by ten weeks.

( 4 ) IN Dec. , 1973, M/s. Fox and Mondal received instructions from the plaintiff to obtain a change of attorney from Anand, Das Gupta and Sagar.

( 5 ) ON Jan. 7, 1974, the Writ of Summons, directed to be served on the respondents Nos. 3, 5 and 6 was returned unserved to the Sheriff's office through the General Post Office.

( 6 ) ON Jan. 30, 1974, M/s. Fox and Mondal filed a warrant for attorney with