SRI.NANJAVUDOOTHA SWAMIJI Vs. S LINGANNA

JUDGEMENT

(1.) 'Where there is a will, there is a way' said an English writer Mr.George Herbert (1593-1633) in his Book 'Jacula Prudentusm'. Going by the rough statistical data relating to testamentary disputes, what Herbert said centuries ago can be restated with pun as: 'Where there is a will, there is a way to court'.

(2.) FOUNDATIONAL FACT MATRIX OF THE CASE:

(3.) Learned counsel appearing for the Appellant vehemently submitted that a Hindu Will which does not comprise property situate in any Presidency Towns, requires no probate; no such WILL becomes invalid by the mere run of time; right to seek probate can be exercised at any time; therefore probate proceedings cannot be resisted on the ground of delay & limitation; another reason is that they involve elements of continuing cause of action. So arguing, he sought for the invalidation of impugned order and remand of the matter for due adjudication on merits. In support of this submission, he pressed into service certain Rulings.