1. By this chamber summons petitioner/plaintiff seeks amendment of the petition, as per schedule appended to the chamber summons and seeks permission to convert the petition for probate into petition for letters of administration with the Will annexed dated 24th January, 2002.

2. Petitioner is widow of late Boman Dinyar Faramarzi who died on 29th August, 2007. According to the petitioner, the said deceased had executed his last will and testament dated 22nd January, 2002. The said deceased had appointed Mr. Diniar Darab Mehta and Mr. Himanshu Kode, Advocate as executors of the said will. It is the case of the petitioner that since executors appointed by the said deceased did not take any steps to file any probate petition and in view of the fact that the earlier advocate on record appearing for the petitioner inadvertently filed petition for probate of the last will and testament of the said deceased in this court, inspite of filing petition for letters of administration with the Will annexed, petitioner by her advocates' letter dated 4th August, 2011 addressed to the Executors of the said Will placed on record that since petitioner through her son on several occasions bot