1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 102 OF 2010 IN MISCELLANEOUS PETITION NO. 47 OF 2009 IN TESTAMENTARY PETITION NO.888 OF 2008 Pankajkumar P. Doshi .. Petitioner Versus Jyotsna P. Doshi and another .. Defendants Mr. Bhasin a/w Mr. D. R. Mishra for the Petitioner Mr. Subodh Joshi i/by Nandlal Kothari & Sabir for Respondent No.1 Respondent No.2 present in person. CORAM : SMT. ROSHAN DALVI, J. DATED : 30th November, 2010 P.C. : 1. The Petition is for revocation of the grant of probate in the testamentary petition. 2. The chamber summons is taken out for amendment to add another ground for revocation of the probate. The petitioner seeks to show that the signature of the deceased was forged on the will. The petitioner seeks to rely on the specimen signature of the deceased which he had obtained from the record of the Court at 2 Saroornagar, Andhra Pradesh. The petitioner has produced the certified copy of the Court order in the plaint filed by the deceased being OS No. 429 of 1988, on 22 nd September, 1988. 3. The will which has been propounded and for which the probate is granted is dated 15.10.1990. The testator expired on 13.3.1999. Certified copy of the judicial record shows the signature of the testator prior to the date of the will. This signature would be required to be considered. The amendment is, therefore, required to be granted in the interest of justice. 4. The Chamber Summons is made absolute in terms of prayer clause (a). 5. The Petitioner shall carry out amendments in the Petition within two weeks. The Petitioner shall also carry out amendments in the copy of the petition served upon the respondents within two weeks. 6. Misc. Petition No. 47 of 2009 which is for revocation of the probate is adjourned to 16 th December, 2010 for hearing. 3 ( ROSHAN DALVI, J.)