( 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.

( 4 ) OPPOSING the proposed amendment the respondent/defendants in reply pleaded that it is immaterial how plaintiffs had calculated their claim but had quantified the damages or loss, in terms of Rupees, at the time of filing of suit; in a money suit plaintiffs cannot be permitted to claim any amount over and above the amount claimed in the suit as any such claim for the excess amount would be barred by limitation. It was also pleaded that as per the settled law a decree in any foreign currency other than the Indian Currency, cannot be passed.

( 5 ) THE learned Singe Judge, vide impugned order dismissed the amendment application of the appellants. We have heard learned counsel for the parties and have been taken through the record.

( 6 ) IN order to appreciate the rival contentions para 13, 15, 17 of the plaint as originally filed are reproduced below :-

( 7 ) "13. In the circumstances, aforesaid the Defendant is liable to pay to the plaintiffs a sum of Rs. 70,07,104. 00 towards loss and damages, suffered by the plaintiffs due to the carelessness, negligence and default of the Defendant, the details whereof are given in a chart which is annexed hereto and marked Annexure `a and may be read and treated as a part of this plaint as if the same was incorporated herein and formed a part thereof.

ANNEXURE `a Particulars of Damages/claim referred To in Paragraph 13 of the Plaint 1. Salary of late Michael John Woolgar James pounds 16,000 p. a. 2. His allowance pounds Nil a) Bonus pounds Nil b) Overtime on the basis of average of last six months i. e. , from July 1985 to December, 1985 pounds Nil c) Company Car pounds 4500 d) Medical Insurance Health care pounds 250 Pounds 4750 Total gross earning per year pounds 20750 3. Deduction of tax pounds 3906 4. Net salary income per year pounds 20750 (-) Pounds 3750