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 int