Law:

Section:

(a) Civil Procedure Code (V of 1908) -------O.XIII, R.4---Photocopies of documents---Endorsement of exhibit marks on such documents---Contents of such documents not disputed by parties---Relevant portion of such document requiring examination by Court finding mention in plaint and not denied by defendant---References were freely made to such documents by parties during course of arguments---Record showing such documents exhibited by plaintiff-Such documents, held were part of evidence on record. (b) Tort--- ----Banker and customer---Damages, claim for---Supply of goods other than those contracted for---Issuance of Letter of Intent by plaintiff for purchase of goods---Opening of Letter of Credit by Bank at plaintiffs request in favour of supplier---Receipt of shipping documents by Bank including Bill of Lading, Commercial Invoice and Packing List--Plea of plaintiff was that Bank having negotiated Letter of Credit despite the term "Synthetic Resin" added to Bill of Lading showing discrepancy in description of contracted goods, had violated provisions of Uniform Customs and Practice of Documentary Credits (UCP-400)---Validity---Under UCP, description of goods in commercial invoice alone must correspond with description in Letter of Credit, while in all other documents, goods might be described in general terms not inconsistent with such description---Duty of negotiating Bank was to examine all documents by exercising reasonable care---Description of goods in Letter of Credit and commercial invoice was identical---Letter of Credit finding mention of identical description, but prefaced by term "Synthetic Resin"---Bank could not refuse to negotiate Letter of Credit, if description of goods in Bill of Lading was inconsistent with description mentioned in Letter of Credit---Report of Surveyors dealt with goods and not such documents-Plaintiff had not objected to shipping documents initially, but had raised such objection after having examined goods---Grievance of plaints was with regard to breach of contract by supplier for not supplying goods as agreed and described in Bill of Lading, Letter of Credit and Commercial Invoice---Bank in view of autonomy principle was…

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