( 1 ) THIS is an application for amendment of the written statement. This application has been made by Umesh Chandra Seal, the defendant No. 3. The summons has been taken out on January 28, 1972 for leave to amend the written statement. The grounds taken in the application have been stated in paragraph 3 of the petition. It is slated that through inadvertence and/or mistake the effect of surrender and/or relinquishment of sebait-ship or trusteeship of Manindra Chandra Seal, the father of the plaintiff No. 2 Prem Chand Seal has not been specifically pleaded. According to the petitioner, the claim of the plaintiff No. 2 in this suit for she-baitship and trusteeship is barred by the law of limitation and/or ouster and the suit is not maintainable as there was no proper or any appointment of the next friend of the plaintiff deity. The proposed amendment has been annexed to the petition. In the affidavit-in-opposition filed by Prem Chand Seal the plaintiff No. 2, it is stated that the applicant has filed his written statement about 7 years ago and if he was serious, he would have made his application for the proposed amendment much earlier, as the suit appeared in the perempt