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1999 Supreme(Del) 1156

DEVENDER GUPTA, S.K.AGARWAL
JANET ANNE WOOLQAR JAMES – Appellant
Versus
JAYPEE HOTEL LIMITED – Respondent


Advocates Appeared:
RAGINI TRAKRU, Ravinder Sethi, S.MUKHERJEE

S. K. Agarwal,j.

( 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 wag


























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