- (1.) S. P. Mehrotra, J. The aforesaid application has been filed by the petitioner, inter alia, praying for being permitted to carry-out the necessary amendments in the Testamentary Petition, as indicated in the affidavit accompanying the aforesaid Amendment Application. The aforesaid application is supported by an affidavit sworn by Brij Gopal Mishra on 12-4-2005.
(2.) IT is, inter alia, stated in the said affidavit that in order to give details of relations to the late Mira Dhar with the claimant and with other persons and to each other so that better picture of the case can be placed before this Court for fair adjudication, the amendments indicated in the said affidavit are being sought for. A perusal of the said affidavit shows that while paragraphs 3, 4, 5 and 7 of the said affidavit seek amendments in the Testamentary Petition, paragraph 6 of the said affidavit seeks amendment in Civil Misc. Application No. . . . of 2005 filed separately under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 alongwith the Testamentary Petition. In my view, it was not open to the petitioner to file one Amendment Application seeking amendments in the Testamentary Petition as well as amendments in Civil Misc. Application No. . . . . . of 2005 filed separately alongwith the Testamentary Petition.
(3.) IN the circumstances, the aforesaid Amendment Application is being considered only in regard to the amendments sought in the Testamentary Petition. The amendments, as mentioned in paragraph 6 of the said affidavit, sought in the aforesaid Civil Misc. Application No. . . . of 2005 filed separately alongwith the Testamentary Petition are not being considered. It will, however, be open to the petitioner, if so advised, to file appropriate application in this regard.;