Amendments to pleadings are permissible if they are intended to elaborate or clarify existing facts without altering the fundamental nature of the case, the cause of action, or the relief sought, thereby enabling the court to effectively adjudicate the real controversy between the parties.

JUDGMENT :

YASHVIR SINGH RATHOR , J.

CM-6614-CII-2026

The applicant-petitioner through instant application under Section 151 CPC is seeking permission to place on record Annexure P-4.

Allowed as prayed for.

Annexure P-4 is taken on record, subject to all just exceptions. Registry is directed to tag the same at an appropriate place.

CR-2138-2026

1. This revision petition is directed against the order dated 19.01.2026 (Annexure P-4) passed by the Court of Additional District Judge, Gurugram vide which the application under Order 6 Rule 17 CPC read with Section 151 seeking amendment of the probate petition moved by the respondent (hereinafter referred to as the petitioner) has been allowed.

2. I have heard the learned counsel for the petitioner/revisionist and have gone through the material on record.

3. Learned counsel for the petitioner argued that the impugned order dated 19.01.2026 (Annexure P-4) passed by the Court of Additional District Judge, Gurugram vide which the amendment application has been allowed suffers from material illegalities, jurisdictional error and material irregularity and the Trial Court has not exercised judicial discretion in accordance with settled principles of law. Infact, by allowing the application for amendment, the nature of the petition shall altogether change and an entirely new case is being introduced under the garb of the application for amendment and the present respondent is seeking to plead some friendly loan transaction and transfer of possession which were never pleaded in the original petition. In case, the application is allowed, the foundation of the petitioner’s case will entirely change which will seriously prejudice the rights of the present petitioner. Learned counsel contended that the application, in hand, has been instituted with a malafide intention to fill up lacuna in petitioner’s case and the learned Trial Court has not appreciated the facts in the correct perspective while allowing the application and he prayed that the impugned order be set aside and the application seeking amendment of the petition be dismissed. In support of his contention, learned counsel relied upon the judgment of Hon’ble Supreme Court in Law Finder Doc Id # 205047 titled Revajeetu Builders and Developers Vs. Narayanaswamy & Sons & Others.

4. The present petition has been instituted for grant of probate in respect of Will dated 14.04.2006 alleged to have been executed by late Shri R.K. Sharma in respect of Plot No.227, Udyog Vihar, Phase-IV, Gurgaon, Haryana in favour of the petitioner being sole beneficiary. By way of application under Order 6 Rule 17 CPC read with Section 151 , the petitioner sought permission to amend the probate petition so as to incorporate certain additional pleadings to further explain the factual background and surrounding circumstances connected with the execution of the Will and by way of proposed amendment, he seeks to place on record copies of allotment letter and possession letter issued by HSIDC in respect of the suit property; to plead the prior acquaintance between the petitioner and the testator; to explain the circumstances in which the petitioner and a company associated with his family came into possession of the property and custody of the original title documents; to set out the background in which the testator allegedly agreed to execute the Will in favour of the petitioner; to aver continuous possession of the property thereafter, including leasing of the same to a third party and to explain the delay in initiating probate proceedings on account of non-availability of the death certificate of the testa