V.K. SAWHNEY Vs. STATE

JUDGEMENT

(1.) Application under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed on behalf of the petitioner for amendment of the plaint.

(2.) The present probate petition has been filed seeking probate in respect of the last Will dtd. 10/1/2011 by late Smt. Shanti Sawhney, the mother of the parties i.e. Smt. Shanti Sawhney in respect of her 50% of her share in respect of property bearing No. D-211, Saket, New Delhi-110017. It is submitted that Smt. Shanti Sawhney had also executed a previous Will dtd. 9/9/2008 in favour of the petitioner. However, the petitioner by way of abundant caution, seeks to modify the Prayer clause of the petition as follows:

(3.) The Objector no. 5 in its reply has taken a preliminary objection that the proposed amendment introduces a fresh cause of action and changes the nature of the petition itself. The alleged last Will was dtd. 10/1/2011, but now the petitioner intends to include the Will dtd. 9/9/2008, as well. The proposed amendment is not necessary to determine the real question of controversy in respect of alleged Will dtd. 10/1/2011.