KALINATH CHATTERJEE Vs. NAGENDRA NATH CHATTERJEE

JUDGEMENT

(1.) This is an appeal against an order of the Subordinate Judge. Third Court, Alipore, granting probate of the Will of one Kedar Nath Chatterjee deceased. The only ground urged before us in support of this appeal was that the application for probate was barred by the law of limitation. It should be noted that the Will in question was executed on the 30th May, 1925. The testator died on the 30th October 1931. The present application for probate was made on the 17th March, 1933.

(2.) Mr. Sen Gupta, in support of his contention, namely, that the application for probate, at the time when it was made, was barred by the law of limitation, urged that Article 181 of the Limitation Act would apply to an application for probate. Mr. Sen Gupta also contended that if we hold that an application for probate is to be regulated by the provisions of the Code of Civil Procedure even then Article 181 of the Limitation Act would be applicable to such application.

(3.) Article 181 of the Limitation Act reads as follows: