DHIRENDRA KUMAR Vs. BINAY KUMAR SINGH

JUDGEMENT

(1.) HEARD both sides. This is a proceeding under Article 227 of the Constitution of India by the opposite parties in a probate proceeding challenging the order of the Additional District Judge allowing an amendment of the application for probate.

(2.) IT is seen that the application for probate was made by the legal representatives of the alleged legatee under the Will propounded. It is seen that the legatee died before the testator died. The opposite parties had opposed the application. The applicants in the proceeding filed an application for amendment of the original application for issuance of Probate by adding paragraph 10(A) to the petition by setting up a case that subsequent to the death of the legatee and during the lifetime of the alleged testator, the alleged testator had made a declaration that the sons of the legatee will be the beneficiaries. This application for amendment was opposed by contending that it was beyond the scope of the proceeding initiated; that the alleged Will itself was not genuine; that the Will was fraudulent and that the amendment sought for was without any bona fides. The trial Court allowed the application for amendment.