Bombay High Court
Tejraj Singh AnandversusAmardeep Kaur Bindra
- Decided
- Disposal
- DISPOSED OFF
Holding
The order dated 21 September 2026 is to be read as if it contained the omitted paragraph concerning the submission and transport of the original will.
Summary
In a testamentary suit, the plaintiff Tejraj Singh Anand filed an interim application alleging that the order dated 21 September 2026 inadvertently omitted a paragraph concerning the handling of the original will. The omitted paragraph directed that the original will be submitted to the registry and that a clerk be arranged to transport it to the venue as coordinated by the plaintiff's advocate. The court examined the claim and found merit in the omission. Consequently, the court ordered that the original order be read as if the missing paragraph had been included. The amendment ensures proper procedural handling of the original will in the testamentary proceedings.
Issues considered
- Whether the order dated 21 September 2026 should be amended to include the omitted paragraph regarding the original will.
Subjects
- testamentary jurisdiction
- interim application
- order amendment
- procedural direction
- original will handling
Judgment
1/1 P3-IA-4385-2025.DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date:
2026.09.30
10:56:08
+0530
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 4385 OF 2025
IN
TESTAMENTARY SUIT NO. 15 OF 2016
IN
TESTAMENTARY PETITION NO. 1869 OF 2015
Tejraj Singh Anand ...Applicant/Plaintiff
Versus
Amardeep Kaur Bindra & Anr. ...Defendants
_______
Mr. Chinay Mehta i/b RVJ Associates, for the Applicant/Plaintiff.
Ms. Vidisha Rohira, for Defendant No.2.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 28th SEPTEMBER, 2026
P.C.
1. Mentioned. Not on board. Taken on board for Speaking to the Minutes of
the order dated 21st September 2026.
2. Learned counsel points out that the order dated 21 st September 2026,
inadvertently omitted to record the following paragraph after paragraph no.4 as
under:
"5. The original copy of the Will is submitted to the registry. As and
when it will be called for the Testamentary Department shall arrange
for a Clerk to carry the original copy of the Will and the papers of the
matter to the venue which shall be coordinated and informed by the
Advocate for the Plaintiff."
3. The original order dated 21st September 2026 shall be read accordingly.
[ARIF S. DOCTOR, J.]
Vaibhav
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