ASHA MONGIA Vs. STATE

JUDGEMENT

(1.) I.A.4809/2017

(2.) The objection raised, on the basis of the judgment in Kunwarjeet Singh Khandpur v. Kirandeep Kaur & Ors., 2008 AIR(SC) 2058 is that the present petition is barred by limitation, as the death of the owners, namely, Mrs. Santosh Mongia and Mr. D.S. Mongia took place on 11th February, 2004, but the present petition was filed only in 2015. He further relies on Krishan Kumar Sharma v. Rajesh Kumar Sharma, 2009 AIR(SC) 3247 and Basant Dayal v. State & Ors. in Test Case No.5/2009 decided on 4th December, 2009.

(3.) The submission is that Article 137 of the Limitation Act, 1963 applies to letters of administration and hence the petition is time barred.