SAMEER KAPOOR AND ANOTHER versus THE STATE THROUGH SUB-DIVISION MAGISTRATE SOUTH, NEW DELHI AND OTHERS

SAMEER KAPOOR AND ANOTHER versus THE STATE THROUGH SUB-DIVISION MAGISTRATE SOUTH, NEW DELHI AND OTHERS

Article 137 of the Limitation Act applies to applications under Sections 276 and 228 of the Indian Succession Act; however the three-year limitation runs from the date the 'right to apply' accrues, which is when it becomes necessary to apply (a continuous right), and on the facts pleaded (intermeddling with bequeathed properties after death in 2000) respondent No.2's Probate Case No.15/2001 was not barred by limitation; the High Court correctly refused to reject the plaint under Order VII Rule 11 CPC.

Parties
Appellants: Sameer Kapoor and Another; Respondents: The State through Sub-Division Magistrate South, New Delhi and Others
Jurisdiction
India
Judgment Date
29 April 2019
Procedural Posture
Civil Appeal No. 10482 of 2013 / On Appeal From High Court Judgment Dated 16.01.2009
Outcome
Appeal dismissed
Legal Topics
Probate, Letters of Administration, Article 137 Limitation Act, 1963, Section 228 Indian Succession Act, 1925, Section 276 Indian Succession Act, Order VII Rule 11 CPC
Succession Limitation Act Civil Procedure Probate Letters of Administration Article 137 Limitation Act, 1963 Section 228 Indian Succession Act, 1925 Section 276 Indian Succession Act, 1925 +1 more

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Parties

Sameer Kapoor and Another

Appellants

The State through Sub-Division Magistrate South, New Delhi and Others

Respondents

Procedural Posture

Civil Appeal No. 10482 of 2013 / On Appeal From High Court Judgment Dated 16.01.2009

Legal Issues

  1. 1 Whether Article 137 of the Limitation Act applies to applications for grant of probate or letters of administration
  2. 2 Whether an application under Section 228 of the Indian Succession Act is barred by the period of limitation prescribed under Article 137 and when the 'right to apply' accrues

Ratio Decidendi

Article 137 of the Limitation Act applies to applications under Sections 276 and 228 of the Indian Succession Act; however the three-year limitation runs from the date the 'right to apply' accrues, which is when it becomes necessary to apply (a continuous right), and on the facts pleaded (intermeddling with bequeathed properties after death in 2000) respondent No.2's Probate Case No.15/2001 was not barred by limitation; the High Court correctly refused to reject the plaint under Order VII Rule 11 CPC.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs