( 1 ) THIS is an application by the plaintiff / Bank praying that the defendant No. 1-partnership firm may be deemed to have been served on the grounds that the summons were duly served on the partners of the firm (defendants 2 and 3) who have been proceeded ex-parte. Defendant Nos. 4 and 5 (the contesting defendants) have filed a reply opposing the application.

( 2 ) BRIEF facts are : the plaintiff Bank filed the suit for recovery of Rs. 5,93,083. 13/- along with pendente lite and future interest against the defendant No. 1-a partnership firm, defendant Nos. 2 and 3 (partners of defendant No. 1) and defendant Nos. 4 and 5 legal representatives of the deceased Smt. Satta Banerjee who was a partner of defendant No. 1 and also the guarantor. On 29th January, 1997 summons/notices were issued for service upon defendants by ordinary process as well as by registered AD post. On the same day Local Commissioner was appointed with the directions to proceed to the factory premises and office of the defendant No. 1 and to prepare the inventory of the goods lying therein. The Local Commissioner alongwith an official of the Bank reached the site but both the factory and office prem