( 1 ) THIS appeal is from the decree dated 7 February 1966 passed by A. K. Mukherjea J.

( 2 ) THE plaintiff Is the appellant.

( 3 ) ON 7 February 1966 the suit was dismissed with costs.

( 4 ) THE suit was filed on 8 June 1960. The plaintiff asked for a decree for Rs. 2,74,178-12-3.

( 5 ) ON 29 July 1965 a summons was taken out by the plaintiff for amendment of the plaint The application for amendment was heard by S. P. Mitra J. on 21 September 1965 and the application was dismissed. There is no judgment to find out the reasons for dismissal of the application. It was contended that amendments should have been allowed.

( 6 ) IN the application for amendment the plaintiff alleged that the defendant by letter dated 24 July 1957 written and signed by the defendant and/or its agents duly authorised in that behalf duly acknowledged its liability to deliver the balance quantity of the goods under the contract and also acknowledged that the time for delivery and/or performance had not expired. In the subsequent paragraph the plaintiff alleged that the plaint should be amended in the manner as indicated in red ink in a copy of the plaint annexed thereto and that the proposed a