DASAI RAI Vs. SURENDRA RAI AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THIS is an Appeal preferred against judgment dated 30th April 2013 in Probate Case No. 17 of 2010/Title Suit No. 8 of 2012 by learned 1st Additional District Judge, Saran at Chapra dismissing the suit as barred by limitation.

(3.) IT is further contended that there is no specific period prescribed for initiating proceedings for issue of probate or letters of administration with respect to any Will executed but taking aid of provisions as contemplated under section 137 of the Limitation Act make such issue relevant Court below committed serious error by dismissing the suit only on the point of limitation without giving any finding on other relevant issues. Reliance is placed on decisions of this Court in the case of Prabhunath Singh & Anr. vs. Sukhdeo Rai reported in, 2010 SCC Pat. 709 and the case of The goods of Lae Hari Har Rai & Ors. reported in : AIR 2014 Patna 26. In both such decisions earlier decisions of the Apex Court case of Kunvarjeet Singh Khandpur vs. Kirandeep Kaur and Others reported in : (2008) 8 SCC 463 has also been considered and discussed but subsequent decision of Apex Court the case of Krishan Kumar Sharma vs. Rajesh Kumar Sharma reported in : (2009) 11 SCC 537 though has not been considered but wherein practically earlier decision rendered in the case of Kunvarjeet Singh Khandpur (supra) appears approved.