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I. P. MUKERJI, BISWAROOP CHOWDHURY
In the goods of: Bhagirath Kajaria (Deceased) and Bimal Kajaria – Appellant
Versus
Anoushka Kajaria – Respondent
JUDGMENT :
1. We admit the appeal.
2. Taking into account the fact that admission and hearing of the appeal by following the usual procedure would take considerable time and the point involved is very short, we propose to dispose of it dispensing with all formalities.
3. The subject matter of this appeal are certain amendments proposed by the caveator in his affidavit in support of the caveat. This affidavit was filed in March, 2022. The amendments were proposed by an application made in 2023 (GA No. 5 of 2023).
4. The proposed amendments have been rejected and the application dismissed by the learned single judge by his judgment and order dated 22nd August 2023.
5. The amendments proposed are as follows:
16B. At no point of time father had expressed his intention to execute any Will or had ever
The court allowed amendments to expedite probate proceedings, emphasizing the need for efficiency in legal processes.
Alterations made to a Will after execution are invalid unless executed in accordance with legal requirements, highlighting the probate court's limited jurisdiction in granting probate.
Amendments to pleadings must be made in good faith and not as tactical maneuvers; otherwise, they will be dismissed.
The court affirmed the validity of a Will executed under the Indian Succession Act, emphasizing that exclusion from succession does not imply suspicion if justified, and that delays in filing suits c....
The court ruled that amendments sought in bad faith, particularly when they alter the character of a case and cause prejudice, must be dismissed to preserve the integrity of judicial proceedings.
The foundational doctrine of approbation and reprobation was applied, barring the Defendant from receiving a bequest and challenging the document under which the bequest was made.
Mere filing of a caveat and affidavit of objections does not automatically convert the Original Petition into a Testamentary Original Suit. Parties must avail the opportunities available to contest t....
Probate can only be granted for the last Will; amendments introducing alternate Wills alter the original petition's nature and necessitate restarting proceedings.
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