( 1 ) BY this order I propose to dispose of Defendant No. 3 s application, I. A. 4060/85 in Suit No. 1693/83 and I. A. 4059/85 in Suit No. 1694/83. However, the facts of Suit No. 1693/83 are being taken into consideration for the purpose of disposing of these applications.

( 2 ) IN a suit for recovery of Rs. 10,30,49007, the case set up by the plaintiff, M/s. Jai Narain N. Sadh. Sadhwara, in brief, is that the Plaintiff firm airfreighted the four consignments of cotton printed cloth articles through Pan American World Airways, Defendant No. 1 of the total value of Rs. 2,91,700. 00 from Delhi for being safely carried to and to be delivered in sound condition at the destination airport, Armsterdam of Holland, to the consignee. Defendant No. 3, Armsterdam-Rotterdam Bank N. V. (hereinafter called "amre Bank") or to the proposed customer after due authorisation for the same by the consignee or consignor, the Plaintiff firm. Defendant No. 2, Ambar Tours Private Limited acted as an authorised agent of Defendant No. 1 and completed all the usual fromalities of issuing airway bills etc; to the plaintiff firm. Later on Defendant No. 1 informed the Plaintiff firm that the aforesai