SANJAY SHARMA Vs. KRISHNADHAN KHAWARE

JUDGEMENT

(1.) Leave Granted.

(2.) The application dtd. 31/8/2005 initiated by one Bhudeo Prasad Singh, for probate of a Will dtd. 15/4/1995 executed by one Shrilal Singhania, was rejected by the District Judge, Deoghar [ Civil Court] under Sec. 222 and 276 of the Indian Succession Act, 1925 [ ISA] by order dtd. 31/7/2012 as a consequence of an application having been made under Order VII Rule 11 of Code of Civil Procedure, 1908 [CPC] by the objectors-respondents herein. The High Court in terms of MA No.153 of 2012 which was dismissed by judgment dtd. 28/4/2022, agreed with the findings of the Civil Court. Hence this appeal. Heard learned senior counsel for the parties.

(3.) The limited issue which presents for consideration is the whether the application for probate is barred by the law of limitation. The answer to this question is fairly straight forward. The ISA does not provide for any particular time period within which application for probate, or revocation thereof can be filed before the concerned Court. In these circumstances, the residuary provision of the Limitation Act, 1963 [1963 Act] i.e., Article 137 would be the relevant provision. It reads as under: <IMG>JUDGEMENT_44_LAWS(SC)7_2026_1.jpg</IMG>