SULATA PAUL Vs. ASHIM PAUL

JUDGEMENT

(1.) Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner and Mr. D Kalita, the learned counsel appearing on behalf of the respondent.

(2.) This is an application under Article 227 of the Constitution challenging the legality and validity of the order dtd. 2/5/2023 passed by the learned District Judge, Tinsukia in Misc.(J) Case No.04/2023 whereby the application for condonation of delay of 1443 days was allowed.

(3.) Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner drawing the attention of this Court to the application so filed under Sec. 5 of the Limitation Act 1963 (for short, the Act of 1963) by the respondent herein submitted that the said application is completely vague and does not explain as to why it has taken seven years for the purpose of filing the application seeking grant of probate. He further submits that there is nothing mentioned in the application as to from what reliable source, the respondent herein had got the information that his mother had executed a registered will. He submits that the said will on the face of it appears to be suspicious. The learned counsel by referring to the impugned order of the learned Trial Court submitted that the learned Trial Court completely failed to take into account the well settled principles as to when a delay can be condoned. The learned counsel for the petitioner submitted that the delay being inordinate, the negligence being self evident, and the laches on the part of the respondent being apparent even if there is a sufficient cause shown, the Court ought not to have condoned the delay. In that regard, the learned counsel has drawn the attention of this Court to the judgment of the Supreme Court rendered in the case of Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and Ors reported in (2008) 8 SCC 463 as well as recent judgment of the Supreme Court in the case of Ramesh Nivrutti Bhagwat Vs. Surendra Manohar Parakhe, reported in (2020) 17 SCC 284. The said judgments have been placed before this Court to support his submissions that the period of limitation in terms with Article 137 of the Act of 1963 for the purpose of filing an application for grant of a probate commences on the date of the death of the testator.