Kalyan Jyoti Sengupta, J.—The above application has been filed on Notice of Motion dated 18th March, 2009 by one Sushila Devi Lodha, Aditya Vikram Lodha, Harsh Vardhan Lodha praying for following relief’s:

(a) Death of Rajendra Singh Lodha, the plaintiff, be recorded;

(b) The petitioners be brought on record as plaintiffs in T.S. No.6 of 2004 and be allowed to continue with T.S. No.6 of 2004.

(c) Amendment as proposed in ‘red’ on a copy of the plaint in T.S. No.6 of 2004 annexed hereto and marked with the letter ‘X’ be allowed.

(d) Harsh Vardhan Lodha on behalf of the petitioners be given liberty to re-verify the plaint in T.S. No. 6 of 2004 after the amendment is carried out and the Department to take necessary steps on the basis of the order that may be passed herein.

(e) Leave be granted to the petitioners to serve a copy of the amended plaint on the advocates of the defendants appearing in the suit.

(f) Dispensation with service of amended plaint personally on the defendants in the suit.

2. The said application was being opposed by filing affidavits by the defendants in the aforesaid testamentary suit, affirmed by one Arvind Kumar Newar and one Devendra Kumar