- (1.) THIS is an appeal against the judgment of mr. Justice S. C. Ghose dated the 23rd november, 1971 refusing an amendment to a written statement. The suit was filed on May 31, 1962 against three defendants. The defendant no. 2 is stated to be the son of the defendant no. 1. This was a suit for recovery of various sums of money alleged to be due as damages for wrongful breach of duty or trust on the part of the defendants no. 1 and 2 and fraudulent and willful default caused by them to the plaintiff in respect of various goods and chattels belonging to the plaintiff. In paragraph 2 of the plaint, it is alleged "the plaintiff's assets comprise inter alia of coal mines properties known as salma Dalurband Colliery together with all the buildings, plants machinery etc. pertaining to or belonging to the said properties. " This plaint, as we have said, was filed on the 31st May, 1962.
(2.) ON the 25th September, 1962, the defendant no. 1 filed his written statement. In paragraph 4 of the written statement the defendant no. 1 says "the allegation in paragraph 2 of the plaint is substantially correct. " In other words, the defendant no. 1 admits that the plaintiff's assets comprise inter alia of the properties mentioned in paragraph 2 of the plaint. On the same day that is, on the 25th September, 1962 the defendant no. 2 also filed his written statement admitting that the plaintiff's assets comprise of properties mentioned above. The defendant no. 3 also filed a similar written statement on the 13th December, 1962.
(3.) MORE than eight years later on the 24th November, 1970, the defendant no. 1 took out a Master's summons asking for amendments to his written statement. The amendments proposed, related to paragraph 4 of the original written statement of the defendant no. 1 in which the defendant no, 1 had admitted what the plaintiffs assets comprised of. The amendments asked for, referred to various documents stated to have been executed from time to time and the purpose of the amendments is to establish that the plaintiff had no title to the assets which the plaintiff had claimed. It is this application for amendment which mr. Justice Ghose had disallowed.;