VISHNU MITTRA GOVIL Vs. STATE

JUDGEMENT

(1.) In this testamentary proceeding written statement/objection was filed by Mr. Shiam Sunder Lal. On the basis of the petition and the said written statement which was filed by way of objection, the Court has also framed the following issues:-

(2.) The issues were framed as far back as on 15.2.,2002. While filing the said petition the petitioner has sought for grant of probate/letter of administration in respect of the alleged Will dated 17.12.1980 executed by late Shri Shree Krishan registered on 23.12.1980 with the Registrar of the Documents, Delhi. In the said proceeding order was passed by this Court for publication of the citation in "The Statesman". Notice was also directed to the issued to the relations mentioned in paragraph 5 of the petition. Subsequent thereto Mr. Shiam Sunder Lal / the objector filed his written statement. It is stated in the said written statement that Shri Shree Krishan had not bequeathed any property to the petitioner. It was also denied that Shri Shree Krishan had left behind him any valid Will. However, it is an admitted position that in the said written statement no objection was at all raised contending that the probate proceeding is in any manner barred by limitation.

(3.) In view of the aforesaid position, no issue regarding the petition being barred by limitation was framed in the said proceeding. The witnesses are being examined wherein also no such suggestion regarding limitation was put on behalf of the respondent/objector. Now, an application has come to be filed in this Court which is registered as IA No.903/2004 contending, inter alia, that the probate proceeding is barred by limitation and, therefore, the plaint is required to be dismissed on the said ground. This application is purportedly filed under the provisions of Order VII Rule 11 of the Code of Civil Procedure.