Venkatasubba Rao, J.

1. This is an application made by the plaintiff for permission to amend his plaint. The amendment proposed affects defendant 3, who opposes the application. The question I have to decide is: can the proposed amendment be allowed? I shall refer to such allegations in the plaint as are relevant to the present purpose. The suit is brought to enforce an equitable mortgage created by defendant 1, by his depositing certain title-deeds. There were dealings between the plaintiffs firm and in the course of those dealings the latter executed promissory notes in favour of the former. About the month of December 1925, there was a sum of little over Rs. 12,000 due to the plaintiffs and it is alleged that defendant 1 then deposited with them title-deeds of properties mentioned in Schedules B, C and D to the plaint with a view to create an equitable mortgage over them. Although the deeds were deposited by defendant 1, it is alleged that he represented that he was making the deposit both on his own behalf and on behalf of defendant 3, who was described as his adoptive mother. The properties mentioned in Schedule B stood in the name of defendant 3, and the plaint alleges