1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10556 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.V. Sadavarte for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 8th February, 2010. P.C.: . Heard learned counsel appearing for the Petitioners. The challenge in this Petition is to an order dated 19th November, 2009 passed on an application for amendment of the Plaint. A prayer for amendment of the Plaint is rejected by the impugned order. 2. The amendment sought is for adding a contention that the orders of probate obtained by the 1st, 3rd and 4th Respondents in respect of the alleged Wills of Mahadu Genu Bhondave and late Sitabai Mahadu Bhondave have been obtained by suppressing the material facts. It is sought to be contended that the probates obtained of the said Wills are liable to be set aside. A prayer is sought to 2 be added that a declaration be granted that the probates issued in favour of the 1st, 3rd and 4th Respondents are illegal. The submission of the learned counsel appearing for the Petitioners is that the Petitioner will challenge the orders granting probate by way of an appeal but the case of the Petitioners was that there was a suppression of material facts in the applications for grant of probate and therefore, incorporation of the said averments ought to have been permitted. 3. I have given careful consideration to the submissions. The settled law is that the order granting probate operates in rem and, therefore, by amending the Plaint, probate cannot be challenged. It is for the Petitioners to file appropriate proceedings for challenging the order granting probate. Hence, no interference is called for and the Petition is disposed of by keeping the remedy of the Petitioners of challenging the order granting probate open. All contentions of the Petitioners in that behalf are kept open. (A.S.OKA,J) ash