Srinivasan, J.

1. This case raises a question, which according to learned Counsel has not come up for consideration so far in any Court. In short, the question is whether an intermediary Bank which has merely communicated to the beneficiary the letters of credit opened by a Foreign Bank is entitled to get a refund of the amount paid by it to a person who discounted the bill drawn by the beneficiary after it is found that the foreign Bank never existed.

2. The relevant facts are these: The 9th defendant in the suit, hereinafter referred to as the 'seller' purported to enter into a contract for supply of sun glasses with M/s. Olerewagu Loadipupo, Esq.6, Dabira Street, Shomulu, Lagos in Nigeria hereinafter referred to as the 'buyer'. The plaintiff received a communication dated 25.9.1971 from British Trust and Saving Corporation Ltd., Lagos, Nigeria, hereinafter referred to as the 'Foreign Bank' requesting for a notification to the seller of an irrevocable letter of credit opened by the Foreign Bank with the plaintiff by order of the buyer along with the communication an irrevocable letter of credit for an amount of ...3845 was sent to the plaintiff. It was expressly stated in t