JANET ANNE WOOLQAR JAMES Vs. JAYPEE HOTEL LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 4th April, 1994 in IA No. 698/91 in Suit No. 624/88, passed by the learned single Judge of this Court, dismissing the application of the appellantplaintiff under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short the Code), seeking amendment of the plaint so as to enhance the amount of claim in the suit, on account of devaluation of Indian Rupee.

(2.) Facts giving rise to this appeal briefly are that appellants/plaintiffs filed on 19th March, 1998 a suit for recovery of money for a sum of Rs. 70,07,104.00 (seventy lacs seven thousand one hundred Four only) for loss and damages suffered by them due to the carelessness, negligence and default attributable to officers or other employees in a fire that broke out in their hotel then known as "Siddharth Continental Hotel" situated at Vasant Vihar, New Delhi on the nigh of 22/23rd January, 1986, resulting in death of Mr. Michael J Woolgar. The claim was made on the basis of maxim of res-ipsa-loquitor. The plaintiffs, claimed to be the legal heirs of the deceased, Michael J Woolgar. The damages were computed on the basis of gross wage of Pounds Sterling 16,000.00 per annum, of the deceased.

(3.) Appellants-plaintiffs filed an application under Order 6 Rule 17 read with Section 151 of the Code, on 24.1.91 pleading therein, that they had claimed damages for Pound Sterlings 3,36,880.00 as damages, particulars of which were given in the chart annexed to the plaint. After converting Pound Sterlings into Indian currency at the then prevailing exchange rate, one Pound Sterling being equivalent to Rs. 20.00 , a decree for Rs. 70,07,104.00 was prayed. It was pleaded that the plaintiffs being resident of Great Britain were entitled to get a decree for Pound Sterlings 3,36,880.00 ; on the date of filing of the amendment application one pound sterling had become equivalent to Rs. 36.00 , and that in view of the fluctuations in the exchange rates necessity had arisen to seek amendment to the plaint, so as to include the prayer for a decree in Pound Sterlings in lieu of Indian currency.