IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.64 OF 2008 IN TESTAMENTARY SUIT NO.76 OF 2007 IN TESTAMENTARY PETITION NO.814 OF 2007 Dr.Mrs.Prem Shaun Fry .. Petitioner Vs. Vinod Rajkumar Khurana .. Respondent Mr.Girish Thakur a/w Mr.Vatsal Shah i/by Advani & Co for the petitioner. Mr.Prem Gidwani i/by Ms.Priti Sutar for the respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd October 2008. : 03rd October 2008. : 03rd October 2008. P.C.: . Heard learned counsel appearing for the petitioner plaintiff in support of the chamber summons and learned counsel appearing for caveators/defendants. 2. The prayer in this chamber summons is for amendment to the petition filed by the petitioner. By the proposed amendment, the petitioner desires to correct certain errors in paragraphs 4 and 5 of the petition. He wants to delete paragraphs 6 and 7. He wants to substitute paragraph 8 by incorporating the names of the alleged heirs of the deceased in accordance 2 with the Hindu Succession Act, 1956. The second amendment sought is for incorporating Schedule II giving valuation of movable and immovable property of the deceased. 3. The learned counsel for the caveator submitted that the names which are sought to be substituted in paragraph 8 are not of the persons who are the legal representatives of the deceased. 4. I have considered the submissions. Merely because amendment is allowed, the status of the persons whose names are sought to be added by substituting paragraph 8 of the petition is not accepted by this Court. Therefore, on the basis of the said objection, prayer for allowing amendment cannot be rejected. In view of the nature of the amendment sought, in my view, the amendment deserves to be allowed. It is obvious that as a consequence of permitting amendment, the respondents/cavetors will be entitled to file additional affidavit dealing with the amended portion of the petition. 5. Hence, I pass the following order: 3 (i) Subject to what is observed above, the chamber summons is made absolute in terms of prayer clause (a). (ii) Amendment to be carried out within six weeks. Amended copy of the petition shall be served to caveators within a period of four weeks from the date on which amendment is carried out. (iii) The caveators are granted time of eight weeks to file additional affidavit from the date of service of the amended copy of the petition. (A.S. Oka,J)