1 cst 40-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Chamber Summons No. 40 of 2011 in Testamentary Suit No.29 of 2009 in Probate Petition No.3 of 2001 Nelson D’Souza .. Plaintiff (Org. Petitioner ) v/s. Mrs. Julie D’Mello ..Defendant (Caveatrix) Mr.H.K.Vazirani & Pushpa Goswami for the Plaintiff/Applicant in Chamber Summons. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 23rd March, 2011 P.C. : 1. Affidavit of service is filed. Defendant is served. 2. Heard learned Counsel for the plaintiff. Plaintiff, by this Chamber Summons wants to carry out typographical mistake and wants to change the date in para 4 from 24.6.1996 to 6.3.1996. 2 cst 40-11.sxw 3. Perused copy of the Will attached to the plaint which shows that it was executed on 6.3.1996. The date mentioned in para 4 is 24.6.1996 as undoubtedly typographical mistake. Hence amendment can be granted. 4. Hence following order is passed. ORDER i. Chamber Summons is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. ii) Plaintiff to carry out the amendment as per the schedule on or before 6.4.2011, serve the amended copy of the plaint upon the defendant on or before 19.4.2011. iii) Adjourned to 21.4.2011 for framing issues. iv) Directions to verify compliance of this order. [R.Y.GANOO, J.]