ABHIJIT GANGOPADHYAY,J. - (1.) This is an appeal against the order dated January 15, 2019 passed in G.A. No. 2996 of 2018, T.S. No 13 of 2018 (Tejash Doshi -verusus- Yash Vardhan Mall), passed by a learned Single Judge. The moot point involved in this appeal is whether in the testamentary suit a caveator/defendant can amend the affidavit in support of the caveat for making some factual statement by way of amendment which allegedly would displace an admission on the part of the caveator/defendant that gives advantage to the plaintiff of the testamentary suit.
(2.) The background of the case is as follows.
(3.) One Shrutika Doshi executed a Will dated 1st March, 2013 by which she appointed her husband (the appellant herein) as the executor and trustee. It was mentioned in the Will that if her husband was unable to carry out or act as the sole executor for giving effect to the Will and testament, her brother Yash Vardhan Mall (the caveator/defendant), the respondent herein would become the sole executor.;