ANNIE THOMAS Vs. GEORGE MAMMEN

JUDGEMENT

(1.) This Civil Revision Petition is filed by defendant No.1 in O.S.No.25752/2024, being aggrieved of the impugned order dtd. 16/6/2025, whereby application filed by defendant No.1 under Sec. 137 of Limitation Act (should be read as 'Article 137') seeking rejection of the plaint, was dismissed by the trial court.

(2.) For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial court.

(3.) Undisputed facts are that the plaintiff had filed P & SC No.25001/2014 on 8/1/2014 seeking grant of letters of administration with regard to the last Will and testament dtd. 25/7/1997 executed by late Sri K.V.Mammen, the father of the plaintiff, invoking Sec. 278 of the Indian Succession Act, 1925. The petition was allowed and letters of administration were granted to the petitioner therein by order dtd. 16/12/2015. However, one of the sisters of the plaintiff Mrs.Annie Thomas raised a challenge to the orders passed in P & SC No.25001/2014 by filing another petition in P & SC No.25025/2019 and the court revoked the letters of administration granted to the plaintiff, by order dtd. 6/11/2023 and restored P and SC No.25001/2014 and directed to the parties to appear in the said case without waiting for further notice. The Probate and Succession Case was converted into original suit in O.S.No.25752/2024. Defendant No.1 filed written statement and raised the issue of limitation and thereafter filed an application in I.A.No.1 seeking rejection of the plaint on the ground that the suit is barred by limitation. It was contended by defendant No.1 that the provisions of the Limitation Act are applicable to probate proceedings and having regard to the residuary provision in Article 137 of the Limitation Act, a petition for grant of letters of administration should be filed within a period of three years from the date of death of the testator.