SITARAM SAHU Vs. USHA SAHU

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 32 dtd. 15/6/2018 present revisional application has been preferred. By the said impugned order no. 32 dtd. 15/6/2018 passed in Misc. Case No. 199 of 2015, the Learned Trial Court was pleased to allow the petition for amendment under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure in respect of the petition for revocation of grant of probate.

(2.) Learned counsel for the petitioner submits that by way of amendment of the application for revocation of grant of probate the petitioner has sought to introduce some dates, which if allowed will alter the cause of action as well as nature and character of the revocation application, which is not permissible in the eye of law and in this context he referred case law reported in 1974 SCC (2) 393 (Ganga Bai Vs. Bijoy Kumar and Ors.).

(3.) Learned advocate appearing on behalf of the opposite party submits that the application for amendment has been filed only to correct certain typographical errors appearing in the original revocation application and as the proposed amendment is formal in nature, so if allowed will not change the nature and character of the revocation application.