KUNJUMON SHIVARAJAN PANICKER Vs. CHANDRAVADAN PRANLAL DOSHI

JUDGEMENT

(1.) By these applications, applicants seek their impleadment as legal representatives of deceased appellant, not only in the First Appeal but also in the plaint filed in the Suit, which has already been disposed of. Applicants further seek leave to conversion of Suit filed for grant of probate to the one for issuance of letters of administration with will annexed.

(2.) Three fundamental issues that arise for our consideration in the present applications are (i) whether applicants claiming to be legal heirs of late Kunjumon Shivrajan Panicker can be brought on record in proceedings filed by him for grant of probate in his capacity as executor thereof; (ii) whether applicants can be permitted to convert the proceedings filed for grant of probate in respect of Will executed by Ranjana Pranlal Doshi into proceedings for issuance of letters of administration with will annexed and (iii) Whether after disposal of the suit, applicants can be permitted to amend the plaint in pending First Appeal.

(3.) The brief factual background, shorn of unnecessary details, in which the aforesaid three issues arise for our consideration are as follows. Ms. Ranjana Pranlal Doshi died at Pune on 4/5/2014. Chandravadan Pranlal Doshi, Bharati Rajinikant Darak and Shobha Pratibha Doshi are brother and sisters of Ranjana. They claimed that Ranjana died intestate and therefore filed Civil Miscellaneous Application No.715 of 2014 for grant of Letters of Administration in respect of estate of Ranjana.