MAHENDRA HARILAL PAREKH Vs. MEENABEN HIRENBHAI PAREKH

JUDGEMENT

(1.) Rule.

(2.) Present is an application filed by the applicants-original petitioners under O.XLVII r/w. Ss. 114 and 151 of the Civil Procedure Code, 1908 (CPC) for review of judgment and order dtd. 16/3/2022 passed by this Court in the captioned Special Civil Application No. 16538 of 2017. By the said judgment and order, the said petition was dismissed.

(3.) It was the case of the applicants-petitioners in the said petition that the mother of the petitioners was the owner of certain movable and immovable properties, who had executed a Will dtd. 15/1/2013 in favour of the petitioners and after her demise, the petitioners became the absolute owners of the properties. The petitioners, therefore, preferred an application before the learned 13th Additional Senior Civil Judge, Rajkot for obtaining the Probate of the Will. It was further the case of the petitioners that they being the beneficiaries of the Will, were required to apply for issuance of letter of administration instead of Probate and as soon as they came to know about their bona fide mistake, they preferred an application, Exh. 13 under 0.6 R. 17 CPC on 14/6/2016 seeking amendment of Probate application, whereby, it was prayed to replace the word "Probate" by "Letter of Administration". The said application came to be rejected by an order dtd. 13/7/2017. The said order was the subject matter of challenge in the petition, which came to be dismissed as aforesaid.