( 1 ) IN this appeal, the order by the learned Single Judge of this Court is in challenge. By that order, the learned Judge allowed the application filed by the respondent East Bengal River Steam Services and engineering Works Workers' Co-operative Industrial Society. By that application, the Society had sought dismissal of Suit No. 1 of 1983 filed by the present appellant against the respondent. In their application it was pointed out by the respondent that this suit was instituted in the year 1983 and yet the plaintiff- appellant herein did not serve the defendant No. 1 with the summons for the instant suit or any copy of the plaint. The learned Judge accepted this application and has dismissed the suit necessitating the present appeal.

( 2 ) FOLLOWING factual background would help in understanding the controversy. A civil suit came to be filed by the defendant No. 4 United Bank of india (hereinafter called 'the Bank') praying therein for a decree of Rs. 1,13,45,161. 75 and other reliefs as against the present appellant. This was a suit No. 133 of 1977. In this suit, by an order dated 1. 12. 1977, this Court appointed Joint Receivers over hypothecated goods