Sengupta, J.

This appeal is against judgment and order of the learned Single Judge whereby and whereunder prayer for amendment of the plaint has been refused. Upon reading of the judgment and order impugned we do not find cogent reason for which the amendment was refused. The learned Judge has recorded briefly that the amendment which is sought to be made is totally barred under the provisions of law of limitation and if it is allowed by this Court at this stage shall help the petitioner (plaintiff) to bring a fresh cause of action which is totally barred under the provisions of law of limitation.

2. Now the only point is whether the aforesaid grounds are appropriate for refusal of amendment or not. In order to appreciate the present, appeal we feel that the case made out in the plaint before suggested amendment is to be set out as the learned Trial Judge felt by necessary implication that if the amendment is allowed that would amount to bringing of legally barred cause of action. Upon careful reading of the plaint as it appears to us the case of the plaintiff in gist is that the private trust created by his grand father had come to an end the moment his father died. In 1990