LAXMKANT YETI Vs. DISTRICT JUDGE, SIKAR

JUDGEMENT

(1.) The petitioner by this writ petition assails the order dtd. 7/11/2006 whereby the application moved under 6 Rule 17 CPC seeking amendment in prayer made by the petitioner has been disallowed. Petitioner had applied for seeking a little probate by moving an application before the learned District Judge, Sikar.

(2.) Brief facts of the case are that on 4/7/1989 one Ridhikaran Yeti executed a will in favour of the petitioner. Ridhikaran Yeti died on 20/4/1993. On the basis of will and as per advise, petitioner moved an application for grant of probate. Respondent filed objections that the claim for grant of probate was not maintainable.

(3.) An application under Order 6 Rule 17 CPC was moved on a later stage after the evidence was recorded by the petitioner realising the objections raised by the respondent that as there was no executor to the will, the letter of probate in terms of Sec. 222 of the Indian Succession Act could not be issued and, therefore, the petitioner prayed that instead of letter of probate, the application be treated as prayer for grant of letters of administration. The said application has been rejected by the impugned order dtd. 7/11/2016.