JUDGMENT

FATEH DEEP SINGH, J. (ORAL) - In a petition under Section 276 of the Indian Succession Act, 1925 ( in short, 'the Act') an application under Order 6 Rule 17 CPC seeking amendment of the petition was moved by the applicant/petitioner Krisha Kishore Sahnan. The Court of learned Additional District Judge Ludhiana vide impugned order dated 29.03.2019 allowed the application for amendment of the petition to one under Section 278 of the Act.

2. Aggrieved over this very order, the opposite side the present petitioners have come up in this revision.

3. Heard Mr. Rahul Rampal, Advocate for the petitioners and Mr. Aayush Gupta, Advocate for respondent No. 1 and perused the record.

4. Section 276 of the Act provides for grant of probate to a Will. Section 278 of the Act enables issuance of letter of administration in favour of the parties. In a similar situation, the Hon'ble Supreme Court in Shambhu Prasad Agarwal and others Vs. Bhola Ram Agarwal 2000(9) SCC 714 dwelling on the question if such an amendment can be allowed or not has clearly held as follows:-

'We find that it is not disputed that Matadin Agarwal was a legatee under the Will. It is true that Matadin Agarwal ought to have ap