PAWAN KUMAR SHARMA Vs. NEELAM SHARMA & ANR

JUDGEMENT

(1.) C.M. Nos.38072-38073/2018 (for exemption)

(2.) The facts of the case are that one Hari Krishan Sharma was the owner of property No.C-126, Mansarovar Garden, New Delhi and property No.WZ-336, Village Naraina, New Delhi, apart from other movable properties. He executed a Will on 10.07.2002 and bequeathed the House No. WZ-336, Village Naraina, New Delhi, in favour of his wife Smt.Shanti Devi and property No.C-126, Mansarovar Garden, New Delhi, in favour of his daughter Neelam Sharma. The testator died on 03.12.2003. By judgment dated 09.01.2006, letter of administration in respect of Will was granted by the learned District Judge, Delhi on the petition filed by Smt. Neelam Sharma. After about ten years, the appellant filed an application under Section 263 of IS Act for revocation of the order dated 09.01.2006 on the ground that the deceased died issueless leaving behind his widow Smt. Shanti Devi and that he did not execute any Will. He also claimed that he came to know about the beneficiary in the year 2014 and gathered information about the falsity of the Will. By the impugned order, learned District & Sessions Judge found that the application is barred by time.

(3.) Learned counsel for the appellant contends that the period of limitation shall start from the date of knowledge and not from the date of the judgment.