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Head Note

Civil Law  - Will

M.P. Land Revenue Code, 1959, Section 164 (prior to Amendment in 1961) - Right of Bhumiswami - Will - Held that right of Bhumiswami to transfer his land by way of a Will was not recognized by law when 'A' executed the Will dated 21.1.2024 - She had no right to execute the same prior to amendment of Section 164 of the Code - Property could only be devolved in the order of succession as mentioned in Section 16 -. Thus, the question of proving genuineness of the Will need not be considered - However, the claim of 'R' does not stand valid in view of the unamended Section 164 of the Code as she was not the nearest surviving heir of the husband of 'A' since her husband (son of the brother-in- law of 'A's father-in-law) was alive on the date of filing the suit by 'R'.

The Code of Civil Procedure, 1908  - Order VI Rule (17)

Amendment of Plaint - Plaintiffs based their title solely on the basis of a will executed by 'A' - An application for amendment making claim on the basis of inheritance that too through 'H' filed after 30 years of filing of suit at the appellate stage - Rejected by High Court holding that amendment totally goes to change the premises of the suit after a lapse of more than 40 years - Rules of procedure are intended to be a handmaid to the administration of justice - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - Court always gives relief to amend the pleading of the party, unless it is satisfied that the party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of cost - High Court ought not to have rejected the application - Finding recorded by the High Court in the impugned judgment on substantial question no.2 set aside - Matter is remitted back to the High Court to decide the substantial question no.2 afresh, taking into consideration the relief sought for by the plaintiff-appellant by amending the plaint.

Topic(s)-Civil Procedure - Amendment of Plaint - Remand back