ARUNBHAI KESHAVLAL DESAI Vs. NO ONE

JUDGEMENT

(1.) Heard learned advocate Mr.Anand Gogia for the petitioner. None is arraigned as respondent since the order impugned arises out of proceedings to obtain a probate.

(2.) What is prayed by filing this petition under Article 227 of the Constitution is to set aside order dated 19.03.2018 below application Exhibit 15 in Civil Miscellaneous Application No. 559 of 2013, passed by learned Second Additional Senior Civil Judge, Rajkot. The said application prayed for grant of amendment in the probate application.

(3.) The facts are that the applicant had filed proceedings to obtain probate and/or letter of administration on the basis of a Will dated 31.03.1995 stated to have been made by late Vandana Kantilal Kothari alias Priya Vandanaben Kantilal Khokhani. It was the case of the petitioner that at the time of filing of the application for probate, he had produced the zerox copy of the Will stating that it was the copy of the original Will. It was averred that the original copy of the Will dated 31.03.1995 was kept and preserved by the applicant in his business premises at K.A.Desai &Company, Opp. Gasford Talkies, Rajkot; however, the same was lost and the applicant was not able to recollect as to how it was lost and that it was not possible to trace the same. 3. 1 It is in this light that the petitioner prayed for amendment in the probate application. The proposed amendment reads as under,