ARVIND GARACH Vs. PRAGNA GARACH AND ORS.

JUDGEMENT

(1.) The order dismissing an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of an application for probate, subsequently converted into contentious cause, is assailed in this revisional application.

(2.) Admittedly, one Kantilal T. Garach made and published his last Will and testament dated 24th August, 2001. The said Will was duly registered with the Registering Authority on the same day. The said testator died on 26th June, 2002 leaving behind two sons, widow, two sons of the pre-deceased son and two daughters, who would have normally inherited the estate left by him in case of intestacy. In the said Will, the said testator appointed one of his son as executor and further made a provision that in the event of the death of the said executor, the other son shall act as an executor of the said Will.

(3.) Admittedly, an application for probate came to be filed on 8th June, 2009 giving rise to the registration of Act XXXIX of 1925 Case (L) No. 146 of 2009. On an objection being raised by one of the daughter, the application for probate is converted into a contentious cause and renumbered as O.S. 7 of 2011. The said objector thereafter took out an application under Order VII Rule 11 of the Code for rejection of the plaint on the ground that an application for probate, having filed beyond three years from the date of the death of the testator, is barred under Article 137 of the Limitation Act.