1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL REVISION APPLICATION NO. 7 OF 2008 (Nikul Maganbhai Patel and another .v. Nil) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri M.P. Khajanchi, Advocate for the applicant. CORAM : B.R. GAVAI, J. 31ST JANUARY, 2008. Heard the learned Counsel appearing on behalf of the applicants. By way of present application, the applicants challenge the order dated 28th August, 2007, vide which the application filed by the present applicants for correcting the error in Succession Certificate in Succession Case No. 113/1987 which was issued on 2nd March, 1998, is rejected. The Succession Certificate had issued on the basis of the petition filed by the deceased Maganbhai, who was the executor of the property, left by deceased Rajesh under Sale Deed dated 14th February, 1985. Deceased Maganbhai was the uncle of the deceased Rajesh. The applicant No.1 is the son of Maganbhai and the applicant No.2, Pankaj is the son of the brother of deceased Rajesh. The relationship is not disputed. 2 The Succession Certificate was issued after issuance of public notice and publication of the same in daily “Tarun Bharat” on 12th October, 1987. None had appeared and as such, the Succession Certificate was granted on the affidavits of the attesting witnesses and the deceased Maganbhai. The order states that “issue Succession Certificate in favour of Maganbhai in respect of debts and securities mentioned in Schedules A, B and C on payment of Court fees.” It appears that there after Maganbhai expired on 9th March, 2006 and as such it came to the notice of the present applicants that there was an error in the Succession Certificate as it was not stated in the certificate that the benefit of the property would also put to the present applicants. The said application is rejected. Hence, the present Civil Revision Application. Shri M.P. Khajanchi, the learned Counsel appearing on behalf of the applicants submits that from the perusal of the will, it is clear that the property of deceased Rajesh was bequeathed to the present applicants and on the death of the deceased Rajesh, they were to become absolute owner of the property in equal shares. It could further be seen that vide the said Will Deed, Maganbhai was to act as an executor of the said will deed. 3 It can thus be seen that though the Succession Certificate has been granted on the basis of the registered Will executed by the deceased Rajesh, the fact regarding the property being bequeathed to the present applicants is not mentioned in the Succession Certificate. The Apex Court in the case of Pratibha Singh and Another .v. Shanti Devi Prasad and another (reported in 2003 (2) SCC 330) has held that when an inadvertent error has occasioned which does not affect the merit of the case, it can be corrected under Section 152 of the Code of Civil Procedure by the Court which passed the decree by supplying material. In that view of the matter, I am inclined to allow the Civil Revision Application in terms of prayer clauses of the CRA. JUDGE *rrg.