Calcutta High Court
Girish Chandra Manilall Sanghvi vs Unknown on 14 January, 2009
Author: Patherya
Bench: Patherya
GA No. 4154 of 2008
PLA NO.227 OF 1995
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
GIRISH CHANDRA MANILALL SANGHVI, DECEASED
MR.SAMIR KR.DHAR,ADVOCATE APPEARS
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 14th January, 2009.
The Court : None appears on behalf of the respondent
in spite of service.
Affidavit of service filed be kept on record. The petitioner is the sole executrix to the Will of the testator dated 30th March, 1993. The said Will was probated, by consent of parties, in 1995 and subsequent thereto it has transpired that the codicil was executed on 31st March, 2003 by the testator. Such codicil was not enclosed with the original Will, hence the instant application has been filed.
Considering the facts of the case, the codicil of 31st March, 1993 be made a part of the Will of the testator and the probate granted be modified accordingly.
In view of the modification granted, the petitioner is directed to put in the additional court fees.
A copy of the codicil dated 31st March, 1993 be kept on record as the document annexed is an incomplete document.
With the aforesaid direction this application is disposed of.
2
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
( PATHERYA, J.) sb/