1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 93 OF 2009 IN TESTAMENTARY SUIT NO. 33 OF 1993 IN TESTAMENTARY PETITION NO. 127 OF 1992 Pearealal Nehalchand Garg ...Plaintiff. Vs. Gopal N. Agarwal ...Defendant. And Hanumandas Jankilal Agrawal ...Proposed Plaintiff And Smt. Manju Gopal Agarwal & Ors. ...Applicants/ (Proposed Defendants) Mr. Gurav Agarwal for the Proposed Plaintiff. Ms. N.K. Bulchandani i/by M/s. Kamal & Co. for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 15TH SEPTEMBER, 2009. P.C.- 1 This Chamber Summons is taken out by the Applicant to delete the name of the original Petitioner-plaintiff and substitute the name and to delete the name of the original defendant who expired therefore substitute the legal heirs of Defendant. 2 Normally, after the death of executors, there is no question of 2 bringing legal heirs on record. Here is a case where in the Will itself, a co- executor/joint/ alternate executor was appointed under clause 2 of the Will dated 25/02/1991 of the deceased testator. The Averments so made in para 2 and 3 and as there is no opposition and in the interest of justice, I am inclined to accept this averments. A Will is a document which is need to be interpreted and respected as it stands. It is difficult to understand what was in the mind of deceased, now to interpret or enlarge the scope of the said Will. Therefore, having so recorded and as mentioned in the Will, in my view, there is no hurdle or any legal bar to consider the clause 2 of the Will to mean that the intention was there to appoint a co-executor/joint/ alternate executor. If that is so, and considering the fact that there are no other legal heirs than the proposed defendants, I am inclined to grant this Chamber Summons in the interest of justice. 3 Resultantly, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c), with liberty. No order as to costs. 4 The parties to take steps on or before 6th October, 2009. (ANOOP V. MOHTA, J.)