R.Jayasimha Babu, J.

The appellant had in its objection to the plaintiffs application to amend the plaint to substitute the figure of Rs.1295.81 lakhs in the place of Rs.10.00 lakhs as the amount of damages claimed such an amendment having been sought by way of an application in July, 1998 though the suit had been filed five years earlier in March, 1993 - stated that the application for amendment was filed way beyond the period of limitation and therefore, the application ought to be dismissed. The learned single Judge, in his order did not deal with this contention. He however allowed the application for amendment.

2. In the affidavit filed in support of the application it was only stated that subsequent to the filing of the suit, records have been gathered and after the examination of the available records, the plaintiff felt the need to seek amendment and to substitute the sum of Rs.1295.81 lakhs as the amount of damages for which the plaintiff was entitled to a decree. In paragraph 22 of the plaint it was stated that the plaintiff had not quantified the damages but as the amount would not be less than Rs.10.00 lakhs he was seeking a decree for a sum of Rs.10.00 lakhs a