JUDGMENT :

Krishna Rao, J.

1. The petitioner has filed the instant application for amendment in the revocation application being GA No. 4 of 2021.

2. The petitioner has filed an application being GA 4 of 2021 praying for revocation of the probate granted by this Court dated 4th April, 2017 as per the Will dated 28th November, 2003. In the application being GA 4 of 2021, the petitioner has described the grounds in paragraph 14 of the said application.

3. Mr. Sanjib Dawn, learned Advocate representing the petitioner submits that on receipt of the copy of the application of G.A. 4 of 2021, the respondent herein had filed affidavit-in-opposition and in the affidavit-in-opposition, the respondent has disclosed so many facts which were unknown to the petitioner and accordingly the petitioner intended to bring some further facts in the said application by way of an amendment.

4. Mr. Dawn submits that the amendment as sought for by the petitioner is very much necessary for adjudication of the application filed by the petitioner for revocation of probate granted by this Court in favour of the respondent. The petitioner submits that the petitioner intends to amend the application being GA 4 of 2021 by elaborating the grounds for revocation of the probate granted by this Court in favour of the respondent.

5. Mr. Dawn submits that the amendment as sought for by the petitioner is formal in nature and will not change the nature and character of the application being GA 4 of 2021. He further submits that if, the amendment as sought for is not allowed, the petitioner will be badly prejudiced.

6. Mr. Utpal Bose, learned Senior Advocate, representing the respondent submits that prior to filing of an application being GA 4 of 2021, the petitioner had filed prior application being GA No. 1842 of 2019 for revocation of the grant of probate but subsequently on 19th February, 2020, the said application was withdrawn. Mr Bose further submits that prior to filing of the instant application, the petitioner had filed prior application being GA No. 6 of 2022 for amendment in GA No. 4 of 2021 but subsequently the petitioner has withdrawn the said application and had filed the present application.

7. Mr. Bose submits that from the petition, it is crystal-clear that the petitioner is filing one or the other application only to harass the respondent who has already obtained probate in accordance with law. He submits that the petitioner is well aware that there is no irregularity in the grant of probate of the Will dated 28th November, 2003 but only to entangle the respondent in the litigations, the petitioner has filed the instant application.

8. Mr. Bose submits that there is no cogent ground for challenging the grant of probate to the last Will and Testament dated 28th November, 2003. He submits that this Court has granted probate after being satisfied about the execution of the concern Will and the said Will has been duly proved by the attesting witness.

9. Mr. Bose submits that the petitioner while filing an application being GA No. 4 of 2021 in paragraph 14 has described all the grounds including the ground of fraud. Mr. Bose submits that as per the case made out by the petitioner, the petitioner came to know about so many facts from the affidavit-in-opposition filed by the respondent for which the petitioner has filed the instant application but instead of filing the said application, the petitioner ought to have dealt with the said fact by way of reply but instead of doing so, the petitioner has filed the present application.

10. Mr. Bose submits that the amendment as sought for by the petitioner if allowed, the same will change the nature and character of the application filed by the petitioner for revocation of grant of probate. He further submits that if the application filed by the petitioner is allowed, the respondent will suffer irreparable loss and injury.

11. Heard the learned counsel for the respective parties and perused the materials on record. The pet