Ajoy Nath Ray, J.

1. There are two applications before me, one of which is made on the part of the State Bank of India made by way of Judge's Summons dated 21st July, 1992 wherein a prayer is made for an appropriate order be made extending the time for issuance of the writ of summons as also or taking out and delivering the same to the Sheriffs' Office for service upon the defendants.

2. The second application is made by the two guarantor-defendants in the suit being defendants Nos. 2 and 3 who pray for taking the plaint off the file and a consequent dismissal of the suit. This prayer Mr. Mukherjee has pressed on behalf of his two clients, namely, the defendants No. 2 and 3 so that the suit, even if dismissed, will have to be dismissed only as against these two defendants and not as against any others.

3. Mr. Mukherjee appearing for the two defendants has pressed certain technical points which, in my opinion, deserve serious consideration.

4. Mr. Mukherjee has submitted that the only way of enforcing appearance and attendance of a defendant in a suit is by way of service of an appropriate writ of summons upon that defendant. He is right. A defendant can of course waive his rig