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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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