TUILSI DEVI Vs. LADDU GOPAL

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter was taken up for final disposal.

(2.) The lis in question arises out of the order dtd. 16/09/2015 passe by learned District Judge, Jaipur Metropolitan City, Jaipur in Civil Suit No.287/2015 whereby the application filed by the plaintiff-petitioner under Order 6 Rule 16 read with Sec. 151 CPC has been rejected.

(3.) Learned counsel for the plaintiff-petitioner submitted that one application bearing no.1150/2010 was filed on 25/03/2010 for grant of probate in respect of will dtd. 15/02/2007 and reply to the said application was filed by defendant-respondent no.4. The said application was registered as Civil Suit No.287/2015 and the defendant-respondent filed their written statements/reply. An application was filed by the plaintiff-petitioner under Order 6 Rule 17 read with Sec. 151 of CPC to substitute the term 'Probate' by 'Letter of Administration' in the body of plaint, which was allowed by the learned Court below vide order dtd. 21/08/2015. The defendants-respondents were also given liberty by the learned court below to amend their written statement accordingly, in view of the amended plaint.