JETHMAL SONI Vs. HARIOM SONI

JUDGEMENT

(1.) Shri Hariom Soni and five others (respondents herein) filed an application under Section 263 of the Indian Succession Act, 1925 (hereinafter called as 'the Act of 1925') for revoking the probate granted by Probate Court in favour of petitioner-Jethmal Soni in MJC No.23/98 on 13.7.99 stating inter-alia that they came to know about the said probate on 20.12.2013 and thereafter filed the application for revocation on 27.1.2014 and prayer was made for revoking the probate so granted in favour of the petitioner.

(2.) The present petitioner filed a preliminary objection stating that the respondents came to know about the probate in favour of the petitioner on 20.12.2013 in Case No.136/2013 (Hariom Soni v. Jethmal Soni and others) and the application for revocation ought to have filed within 90 days from the date of knowledge i.e. 20.12.2013 and as such, the application filed on 27.7.2014 is barred by limitation and it is liable to be rejected.

(3.) The respondents opposed that preliminary objection holding it to be untenable in law and stated that it is liable to be rejected.