VEENA Vs. STATE

JUDGEMENT

(1.) This first appeal has been filed against the judgment of the probate Court dated 4.8.2004 by which the probate petition has been dismissed as being barred by limitation.

(2.) The petition was dismissed after framing of preliminary issue of limitation. The relevant observations of the Court below holding the petition as barred by limitation are contained in paras 10 to 14 of the impugned judgment and which read as under:-

(3.) It is therefore clear that the Will which is set up by the appellant/petitioner of the deceased late Dewan Ram Gopal is dated 28.4.1980. This Will was in substance disputed by Chandra Prabha Gupta because a probate petition with respect to one of the properties of late Dewan Ram Gopal was allowed in her favour and with respect to which a revocation petition was filed by the present petitioner/applicant on 19.5.1989. As per the statement recorded under Order 10 CPC, the appellant/petitioner knew at least 10 years back from 1994 of the Will in favour of Smt. Chandra Prabha who had obtained the probate of which revocation was sought by the appellant/petitioner on 19.5.1989.