JUDGMENT

Prateek Jalan, J. (Oral)

I.A. No.______/2023 (to be numbered) (under Diary No. 946162/2023)

1. Pursuant to the order dated 18.05.2023, the petitioner has filed an application under Order VI Rule 17 of Code of Civil Procedure, 1908 ["CPC"] for amendment of the petition.

2. Although the application is not listed today, a copy has been handed over in Court and is taken on Board.

3. The Registry is directed to number the application.

4. The application for amendment is necessitated by the fact that the petition was originally filed for probate of the document dated 22.02.2012 stated to be the Will of the petitioner's father - Mr. Kherati Lal Arora, whereas the petitioner is not the executor named in the Will. As probate cannot be granted to the petitioner in view of Section 222 of the Indian Succession Act, 1925, the petitioner has filed the present application for an amendment to the effect that he be granted the Letters of Administration with the Will annexed. It is stated that the error has occurred by inadvertence.

5. The testamentary proceedings are uncontested. It appears that the evidence led by the parties is also adequate to dispose of the petition for Letters of