vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.65 OF 2008 CHAMBER SUMMONS NO.65 OF 2008 CHAMBER SUMMONS NO.65 OF 2008 IN TESTAMENTARY SUIT NO.43 OF 2002 TESTAMENTARY SUIT NO.43 OF 2002 TESTAMENTARY SUIT NO.43 OF 2002 IN IN IN TESTAMENTARY PETITION NO.548 OF 2000 TESTAMENTARY PETITION NO.548 OF 2000 TESTAMENTARY PETITION NO.548 OF 2000 Kate Jullus Alvares ... Plaintiff V/s. Hazal Fernandes ... Defendant None for Plaintiff Mr.K.T. Kukreja i/b Kukreja & Co. for Defendant CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: JANUARY 29, 2009 JANUARY 29, 2009 JANUARY 29, 2009 P.C.: P.C.: P.C.: . This Chamber Summons is taken out by the defendant seeking permission to carry out amendments to the affidavit in support of the caveat (written statement) in terms of the schedule annexed to it. 2. The petitioners have filed the petition for obtaining probate of the will dated 22.9.1994 of the deceased Mr.Augustine Milton Fernandes. The defendant who is the wife of the deceased Augustine Milton Fernandes filed a caveat opposing the validity of the will of the deceased Augustine Milton Fernandes and consequential grant of probate. It is submitted by the defendant that she has recently learnt that Mr.Arnold Fernandes, brother of the deceased Augustine Milton Fernandes had filed an indemnity bond dated 30.3.1999 and an affidavit dated 23.11.1999 with the city survey office wherein the brother of the said deceased had : 2 : specifically mentioned that the deceased Augustine Milton Fernandes had died intestate. It is further stated that the signature of Arnold Fernandes is identified by the advocate Mr.Roque D’mello who had also filed the testamentary petition in this Court. The defendant is therefore seeking to carry out amendments to the affidavit in support of her caveat (written statement) in order to bring the said facts on record. 3. The plaintiff is absent, though served. The facts sought to be brought before this court by way of amendment, in my view, are necessary/material for the purpose of deciding the testamentary suit. In view thereof, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. The defendant to carry out the amendment to her affidavit in support of the caveat (written statement) within a period of two weeks from today and serve the plaintiff with the amended copy of her affidavit in support of caveat (written statement) within a week thereafter. 4. Chamber Summons stands disposed of. 5. Place the Suit on Board on 26.2.2009 for directions. : 3 : (S.J. KATHAWALLA, J.)