1 Ch-summons-135 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.135 of 2010 IN Testamentary Suit No.101 of 2000 IN Testamentary Petition No.895 of 2000 Dr.R.D. Potdar .. .. Plaintiff/Petitioner v/s. Ramesh V. Chitnis & ors. .. Defendants/Respondents Mr.P.N. Patwardhan with Mr.K.H. Kamoja with Mr.B.G. Saraf for Plff. Mr.Ruchir Tolat i/by M/s.L.C. Tolat & Co. for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 25th October, 2010 P.C. : 1.The suit has already reached hearing. Evidence is recorded. Arguments are advanced. Only the judgment is required to be pronounced. It was, however, brought to the notice of the Court during arguments that the Petitioner was also a beneficiary of the estate which is in dispute. The Petitioner has expired. This is not a case of an executor of the Will who is not a beneficiary who has expired so that the Petition abates. Since the executor is also a beneficiary upon his death, his heirs can be brought on record of the 2 Ch-summons-135 same suit since it has reached the last stage of hearing. The merits of the execution of the Will would be considered in the suit. Consequently, the amendment to the Petition is required to be made only to that extent. The Petitioner shall amend the Petition to the extent of showing the changed Petitioner/Plaintiff upon the death of the original Petitioner. 2.The amendment shall be carried out within two days in the Plaint/Petition as well as in the copy of the Plaint/Petition served upon the Defendants/Caveators. 3.There shall be no further amendments in the Petition. 4.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.)