JUDGMENT : This is a civil revision application against an order passed by the learned Civil Judge, Senior Division, Morvi, allowing an amendment of the prayer by the substituted applicant in Probate Case No. 8/1957 on the file of the learned Judge. The matter arises this way :-

The deceased testatrix Bai Jivubai made a will dated 14th December, 1946, appointing one Jadeja Shivubha Madhavsang as an executor of her said will. After the death of the testatrix, Shivubha applied for the probate of the will on 6th February, 1957. The four opponents to the said application were the heirs of the deceased and each of them was a beneficiary under the will of the deceased testatrix. The applicant executor died pending probate proceedings on 17th January, 1960. On the 25th January, 1960, opponent No. 1 in the original Probate Application, Jadeja Mangalsinhji Shivsinhji, who is also opponent No. 1 in the present revision application applied to the Probate Court that he be transposed as a plaintiff in place of the deceased executor. That application was allowed and Jadeja Mangalsinhji Shivsinhji was allowed to be substituted as a plaintiff in place of the deceased executor and to continue the pr

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