K. Govindarajan, J.

1. Theabove appeal is filed by the appellant challenging the order passed in Application No.2402 of 2000 in C.S.No.126 of 1990, dated 29.9.2000.

2. Theappellant filed a suit in C.S.No.126 of 1990 seeking certain reliefs against the respondent. Pending suit, the appellant filed Application No.2402 of 2000 to amend the plaint on the basis that the bank guarantee was invoked and a sum of Rs.11,29,250 was encashed by the respondent and so the appellant is entitled to recover the said amount from the respondent.

3. Thesaid Application was contested by the respondent.

4. The learned Judge accepting the case of the respondent rejected the Application. Hence the above appeal.

5. Learned Counsel appearing for the appellant has submitted that the learned Judge is not correct in rejecting the application on the ground of delay. He further submitted that the finding of the learned Judge that the Application for amendment file deliberately after the period of limitation for refund of the amount cannot be sustained. He relied on certain decisions in support of his submission.

6. Learned Senior Counsel appearing for the respondent submitted that since the relief