( 1 ) THE present application has been filed by the plaintiff under Order VI, Rule 17 for the amendment of the plaint. It has been averred and argued that the entire transaction out of which the suit arises was in US dollars and that consequent upon the decline of the Indian rupee against the US dollar "it is necessary to amend the plaint to include the value of amounts to be recovered in US dollars". It is further submitted that the amendment is necessary because of the time being taken by this Court for the trial of the suit and that no prejudice would be caused to the defendant by permitting the proposed amendment.

( 2 ) THE application has been vehemently opposed by Mr. V. P. Singh, learned Senior Counsel for defendant No. 1. Apart from various objections including that the relief which is now sought to be introduced by way of amendment is palpably beyond the period prescribed under the Limitation Act, he has submitted that the entire controversy has been laid to rest by a recent decision of the Division Bench in the case of Janet Anne Woolqar James and Ors. v. Jaypee Hotel Ltd. , 2000 (52) DRJ 300=83 (2000) DLT 277 (DB ). This decision is predicated on the d