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 th

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