JUDGMENT :- The defendant, who failed in the Lower Appellate Court, is the appellant. The respondents filed the suit for the recovery of money due on the promissory note Ex. A-1 dated 26-8-1966 executed by the appellant and his brother' s son Chockalingam in favour of one Ramanatha Iyer for Rs. 3,100/- alleged to have been advanced by the respondents, according to whom Ramanatha Iyer was their power of attorney agent. The respondents filed the suit through another power of attorney agent on 17-1-1972 and relied upon the letter Ex. A-2 dated 14-1-1969 given by the appellant to them as an acknowledgment of liability for the purpose of limitation.

2. The appellant' s defence was that the letter Ex. A-2 was executed only in Jan. 1970 after the claim had become barred by limitation, though it is dated 14-1-1969, and that the suit is, therefore, barred by limitation. After arguments were advanced and judgment was reserved the respondents filed an application for amendment of the plaint on the date on which the suit was posted for judgment. The amendment prayed for was to the effect that the appellant had acknowledged the liability by another letter Ex. A-3 bearing the postal date