JASPREET SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS is a revision petition against the order annexure P -5 dated November 30, 2012 passed by Additional District Judge, Ludhiana, allowing an amendment of the Probate petition enabling respondent No. 1 to incorporate an alternative prayer for issuance of Letter of Administration.

(2.) LEARNED counsel for the petitioner has vehemently contended that the amendment of the Probate petition at belated stage of adjudication of the probate proceedings is not maintainable. He has contended that the Will of Pritam Singh, father of respondent No. 1 Surjit Singh and petitioner is to be adjudicated upon by the Court below. The Probate petition was filed on September 25, 2008 though the alleged Will is dated September 26, 1986 and their father Pritam Singh had died on February 17, 1992. He has argued that the written statement was filed on January 28, 2009 and issues were framed on June 3, 2009. When the arguments were being heard in November 2012 and an objection was raised by the petitioner that Probate petition was not maintainable, an application for amendment to incorporate the alternative prayer for issuance of Letter of Administration had been moved. It has been urged by counsel for the petitioner that no amendment can be allowed after commencement of the proceedings. As the issues had been framed on June 3, 2009, the Probate Court should not have permitted the amendment. He has also argued that the application for amendment was hopelessly barred by time. The original Probate petition filed in the year 2008 was already barred by time as it had been moved after a period of 16 years after the death of Pritam Singh.

(3.) COUNSEL for the petitioner has placed reliance on judgment in Kunrarjeet Singh Khandpur v. Kirandeep Kaur and others, : 2009 (1) RCR (Civil) 806 in support of his contention that a petition for Letter of Administration can be filed within a period of limitation of 3 years as per Article 137 of the Limitation Act. In the said judgment, it was observed that right to apply for Letter of Administration is a continuing right which can be exercised any time after the death of deceased.