Jharkhand High Court
Rashmi Samarjit Varma & Ors vs Ajit Kumar Varma & Ors on 17 December, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
T.S. No. 01 of 2022
Rashmi Samarjit Varma & Ors. ..... Plaintiffs
Versus
Ajit Kumar Varma & Ors. ..... Defendants
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CORAM: HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Plaintiffs : Mr. Vikas Pandey, Advocate For the Defendants : Mr. Kundan Kr. Ambastha, Advocate
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Order No. 42/ Dated 17th December, 2025 I.A. No. 12435 of 2025
1. The instant Interlocutory application has been filed on behalf of the petitioners/plaintiffs under Order VI Rule 17 of Code of Civil Procedure read with Section 295 of Indian Succession Act, 1925 for amending the instant Testamentary Suit by making necessary corrections in provisions of law under which the original petition was filed as a probate case.
2. Submission has been made on behalf of learned counsel for the plaintiffs that a probate case has been filed by Samarjit Kumar Varma being executor of the Will, which got converted into Testamentary Suit in terms of the order dated 13.09.2022 passed by this Court, but as he died on 11.07.2025, the legal heirs of the sole plaintiff/executor got substituted, therefore, in the light of Section 232(b) of the Indian Succession Act, 1925, this mater ought to be converted into Letters of the Administration and other necessary amendment would be allowed in the main petition.
3. Learned counsel for defendants/opposite parties objected the prayer for amendment on the premise that nature of the suit would be changed if the amendment would be allowed, as such, no such amendment would be allowed.
4. Considering the fact that this present case has been filed as a probate case by the executor which got converted into Testamentary Suit in pursuant to the order dated 13.09.2022 passed by this Court. Section 232 of the Indian Succession Act, 1925 speaks about the universal or residuary legatees may be admitted to prove the Will and Letters of Administrative with the Will annexed may be granted to him of the whole estate, or of so much thereof, in the absence of the appointed executor and sub Section(b) of Section 232 of the Act states about the situation when the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the Will.
5. In the present case, the original plaintiff Samarjit Kumar Varma who was the beneficiary and executor of the Will died on 11.07.2025 and has been substituted by his legal heirs vide order dated 28.08.2025 by this Court. As stated earlier the executor has died before he has proved the Will, therefore, Letter of Administration with the Will annexed may be granted to the legal heirs (plaintiffs herein). In this background, the amendment of plaint has been sought by the legal heirs of the executor of the Will.
6. Considering the aforesaid fact, the amendment is allowed as per Paragraph-4 of the Interlocutory Application.
7. Accordingly, Interlocutory Application being I.A. No. 12435 of 2025, is hereby allowed.
8. Let the necessary amendment be done in the petition of the Testamentary Suit by the learned counsel for the plaintiffs. I.A. Nos. 8015 of 2024, 10706 of 2024 &11635 of 2023
9. It has been also pointed out by both the learned counsel for the parties that I.A. Nos. 8015 of 2024, 10706 of 2024 and 11635 of 2023 have become infructuous, therefore, same are not being pressed.
10. In view of submission advanced by learned counsel for the parties, these I.As. being I.A. Nos. 8015 of 2024, 10706 of 2024, 11635 of 2023, are hereby, dismissed as infructuous.
T.S. No. 01 of 202211.Let this matter be posted on 28th January, 2026 for cross-examination of defendants witness at 3:30 P.M. (Arun Kumar Rai, J.) 17th December, 2025 Rajnish/Suman-
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