ZIMALI W/O. MAHADEO Vs. WASUDEO TRIMBAK SAHASRABUDHE

JUDGEMENT

(1.) THIS is an appeal against an order granting probate of a will. The principal contention in this Court is that the application for grant of probate was barred by limitation, a contention that was not put forward, in the lower Court. Reliance is placed on the decision in Sketch Kandu v. The Berar Ginning Co. Ltd. A.I.R. (15) 1928 Nag. 194 in which it was held that Article 181, Limitation Act, governs the limitation of every application made to a Court under any Act except those for which periods are prescribed in the Acts under which they are made. That was a decision under the Companies Act. Considerable doubt appears to us to have been cast' on the correctness of that decision by the remarks of their Lordships of the Judicial Committee in Hansraj Gupta v. Official Liquidators of Dehra Dun. etc. Co. A.I.R. 20 1933 P.C. 63. Whether Article 181 applies to applications under the Companies Act or not, we think it is well settled that there is no periodl of limitation for applications for the grant of probate. This has been consistently held for many years: See In the matter of the petition of Ishan Chunder Roy 6 Cal. 707; Kashi Chundra Deb v. Gopi Krishna Deb 19 Cal. 48; Shyam Lal Ghosh v. Rameshwari Basu A.I.R. (3) 1916 Cal. 938; Aswini Kumar v. Sukhaharan A.I.R. (18) 1931 Cal. 717; Bai Manekbai v. Manekji Kavasji 7 Bom. 213; Janaki v. Kesavalu 8 Mad. 207; Gnanamuthu Upadesi v. Vana Koil Pillai Nadan 17 Mad. 379 and a decision of the Punjab Chief Court in Indar Narain v. Onkar Lal 10 I.C. 180. No decision to the contrary has been cited, and we think it must now be regarded as settled law that there is no period of limitation for such applications;

(2.) THE appeal is dismissed without notice to the respondents.