(1.) The petitioners - original applicants have preferred this petition under Article 227 of the Constitution of India being aggrieved and dissatisfied with the order dtd. 13/7/2017 passed by the learned 13th Additional Senior Civil Judge, Rajkot in an application Exh. 13 filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment in Misc. Civil Application No. 15 of 2015, which came to be rejected by the learned trial Judge.
(2.) The facts of the case in nutshell are that the petitioners are the original applicants and the respondent is the original objector in Civil Misc. Application No. 15 of 2015 filed by the petitioners. The deceased 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. After the death of the mother, the petitioners become the absolute owners of the properties. The petitioners, therefore, preferred the aforesaid application before the learned 13 th Additional Senior Civil Judge, Rajkot for obtaining the Probate of the Will, wherein the learned trial Judge issued public notice inviting objections against the said application. The respondent filed objection, Exh. 8, against issuance of Probate in favour of the petitioners. It is further the case of the petitioners that they being beneficiaries, are 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 the application in question, at Exh. 13 under O.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 the impugned order and hence this petition.
(3.) Heard, learned advocate Mr. Premal Rachh for the petitioners and learned advocate Mr. Dhaval D. Vyas for the respondent.