KRISHNA KUMAR SHARMA versus RAJESH KUMAR SHARMA

KRISHNA KUMAR SHARMA versus RAJESH KUMAR SHARMA

Article 137 of the Limitation Act, 1963 is clearly applicable to petitions for grant of probate or letters of administration under the Succession Act, 1925; the High Court was incorrect in holding otherwise.

Parties
Appellant: Krishna Kumar Sharma; Respondent: Rajesh Kumar Sharma
Jurisdiction
India
Judgment Date
27 March 2009
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision; Remand to Lower Court
Outcome
Appeal partly allowed; matter remitted to lower court for fresh consideration.
Legal Topics
Applicability of Limitation Act to Probate Proceedings, Interpretation of Article 137 of Limitation Act 1963
Succession Law Limitation Law Applicability of Limitation Act to Probate Proceedings Interpretation of Article 137 of Limitation Act 1963

Case Brief

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Parties

Krishna Kumar Sharma

Appellant

Rajesh Kumar Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision; Remand to Lower Court

Legal Issues

  1. 1 Whether Article 137 of the Limitation Act, 1963 applies to proceedings seeking probate or letters of administration

Ratio Decidendi

Article 137 of the Limitation Act, 1963 is clearly applicable to petitions for grant of probate or letters of administration under the Succession Act, 1925; the High Court was incorrect in holding otherwise.

Court Disposition

Appeal partly allowed; matter remitted to lower court for fresh consideration.

Orders

  • Matter remitted to consider the matter afresh in view of Kunvarjeet's case.
  • Appeal allowed to the stated extent.