( 1 ) THE plaintiff Corporation Bank filed this suit for recovery of Rs. 9,53,653. 66 paise based on written contract under the provisions of Order XXXVII of the Code of Civil Procedure (in short Civil Procedure Code. ). The suit has been filed on the basis of the bills amount due but not paid by the defendants. The case of the plaintiff bank as set out in the plaint is that defendant No. l M/s Montana International in the course of business dealing with the bank requested it to open Import tetter of Credit for having the import of the desired merchandis from M/s Tejis International Pte. Ltd. On the basis of Said request of defendant No. l through defendants 2 and 4, plaintiff bank opened an Import Letter of Credit favouring M/s Tejis International Pte. Ltd. to cover the import of "five metric tonnes of Colomby Cloves". Letter of Credit was opened through their correspondent M. /s Marine; ,midland Bank, Singapore, for negotiations. Last date of shipment of goods was 28th February,1984. The Letter of Credit was irrevocably valid untll 10th March,1984 inclusive, of the negotiation period. Subsequently, by an amendment in the Letter of Credit, requirement of Fumigation Certi