INDRA BAHADUR YADAV Vs. HARKHAS AND AAM

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The instant appeal has been filed to set aside the impugned judgement and order dtd. 22/12/2023 passed by Additional District Judge, Court No.3, Pratapgarh, in M.N.R./203/2014 (Indra Bahadur Yadav vs. Harkhas Aam and others) whereby the amendment application of the appellant was dismissed.

(3.) The contention of learned counsel for the appellant is that the appellant had filed a petition u/s 278 of the Indian Succession Act, 1925 (hereinafter referred to as "Act, 1925") for grant of letters of administration and during its pendency, he filed an amendment application which was rejected by the impugned order. It is further submitted that the impugned order is absolutely erroneous as if the amendment was allowed that would not change the nature of the suit as he simply wanted to add the date of the will dtd. 4/6/1996 in the plaint.