SURABJI NASARWANJI Vs. J N DUBAS

JUDGEMENT

(1.) THIS is a revision by the applicant, against the Order dated 5-1-1994 passed by the Ist Additional District Judge, Murwara in Probate Case No. 5 of 1991, rejecting the petition, under Order 6, Rule 17 of the Code of Civil Procedure, for amendment of the probate application.

(2.) THE applicant, executor of the will, executed by Smt. Tehmina Dubas on 6-12-1961 to her various relations, made an application, under section 276 of the Indian Succession Act, 1925 for probate of the will. The collateral non-applicant No. 6, widow of her predeceased son, and her son, non-applicant No. 7, raised objection about the maintainability of the application for probate, on the ground that in schedule of assets, Annexure-6, annexed to the application lacked in full discretion of the entire estate of the testator and the affidavit of valuation, annexed thereto, was grossly under valued.

(3.) IN order to meet objection, the applicant moved an application under Order 6, Rule 17 of the Code of Civil Procedure for substituting the schedule of assets, Annexure-6, annexed to the petition and the affidavit of valuation by fresh annexure. The collateral non-applicants Nos. 6 and 7 resisted the amendment sought for, on the plea that, the assets of Mohan Talkies, Katni was still not included in Annexure-6 sought to be substituted.