The court has the discretion to allow amendments to pleadings even after the expiry of the prescribed time limit if it is satisfied that the amendment is necessary for determining the real question in controversy and that the other party will not suffer any injustice.

( 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 peremptory list from time to time since 1968. It is denied that the proposed amendment did not find any place in the original written statement due to inadvertence or mistake. It is stated that the applicant has come forward with a belated, frivolous application, mala fide with the intention of further delaying the hearing of the suit. It is submitted that the application is mala fide and is abuse of the process of the Court or that the applicant will suffer, if the proposed amendment is disallowed. On the contrary, if it is allowed the hearing of the suit will be unnecessarily delayed.

( 2 ) IN the affidavit-in-reply Umesh Chandra Seal stated that during the conference held with his counsel on January 16, 1972 last, it transpired that certain amendment of the written statement filed by him was necessary for the purpose of determining the real question in controversy. It is denied that the application is belated or frivolous or mala fide or is made with intention of further delaying the hearing of the suit. It is denied that the proposed amendment is quite new and/or foreign to the defence already taken.

( 3 ) IN order to appreciate the nature of proposed amendments, it is necessary to enumerate certain facts, which appear from the pleadings. It is also necessary to state the nature of the defence as originally made, and the proposed amendments for the purpose of determining whether, I shall grant the amendments at this stage.

( 4 ) ON October 1, 1916 one Durga Das Seal executed a deed of endowment, dedicating his vast properties to the plaintiff Deity Sri Sri Jagannath Deb Jew. The deed provided, inter alia, that Durga Das would be the first trustee and Scbait and after his death the trusteeship and sebait-ship would devolve upon his legal heirs according to the Bengal School of Hindu Law by which he was governed. On September 19, 1925, Durga Das died leaving 7 sons to wit; Manindra, Girish, Umesh, Ashutosh, Ganesh, Subal and Jadav as his heirs and legal representatives. From 1925 to 1943 various litigations took place between the trustees and sebaits for the administration of the debutter estates. Ganesh, Subal and Jadav died intestate and unmarried. Manindra relinquished his office as sebait and trustee. On May 3, 1943 Prem Chand who is the only son of Manindra and heir of Durga Das Seal instituted a suit in this Court, inter alia, for removal of the defendants from their office of trusteeship and sebaitship, for a declaration that the plaintiff be appointed as the sole trustee and sebait, accounts, ad-minislration and other reliefs. In the said suit Sri Sri Iswar Jagannath Deb Jew Deity was represented by the said Prem Chand as the first plaintiff. Umesh Chandra Seal, Ashutosh Seal, since deceased and also Girish Chandra Seal since deceased as also G