mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 97 OF 2007 IN SUIT NO. 4 OF 2007 In PETITION NO. 761 of 2006 Ashwin M. Parekh .. Petitioner/Plaintiff versus Vikram Parekh .. Caveator/Defendant ... Mr.G.R.Joshi with Yogesh Adhia for the plaintiff Mr.H.V. Chande for the defendant. CORAM : D.G.KARNIK, J DATED : 26th June 2008 P.C.: 1. Heard learned counsel for the parties. By this chamber summons, petitioner seeks leave to amend the original testamentary petition no.761 of 2006. 2. Learned counsel for the caveator defendant submitted that the proposed amendment does not help the court in deciding the real matter in controversy between the parties and therefore amendment should not be allowed. The real matter in controversy in the present case appears to be whether the deceased had executed a will and whether the petitioner plaintiff is entitled to letters of administration relating to the said will. Certain facts relating to the execution and/or existence of the will are sought to be pleaded by an amendment. In my view they would help the court in deciding the matter in controversy. In the circumstances, I see no reason to refuse the amendment. Accordingly, chamber summons is allowed in terms of prayer clause (a). 3. On amendment being carried out, fresh citations shall be issued. (D.G. KARNIK, J)