He further submitted that the inclusion of a different property in the original petition and Affidavit of Assets has been an inadvertent error and on account of both the properties being situated in Ooty, the said error was left unnoticed until recently. Moreover, the number of shares of Xpro India Ltd., was also wrongly entered as 50 shares instead of 9 shares. Since the property forms part of the large estate of the deceased testator, it is necessary that the unintentional errors are rectified and the actual property owned by the testator is made part of the present original petition, failing which it would be difficult to administer the said property by the beneficiary and would cause grave prejudice. The aforesaid error and omission was neither willful nor wanton but was only on account of the aforesaid bonafide reasons. Since the question of title of the property is alien to the probate proceedings, no prejudice will be caused to the respondent, if the present application is allowed to amend the the original petition and the affidavit of assets. Hence, he prays to allow this application.
