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2008 Supreme(SC) 592

ARIJIT PASAYAT, P.SATHASIVAM
Kunvarjeet Singh Khandpur – Appellant
Versus
Kirandeep Kaur – Respondent


JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Delhi High Court dismissing the Civil Revision Petition filed by the appellant. By the impugned order the view expressed by learned Additional District Judge deciding a preliminary issue was upheld. Learned Additional District Judge had held that the petition for grant of Letters of Administration of Will dated 9.9.1991 purportedly executed by late Sh. Mohinder Singh Khandpur was not barred by limitation and was maintainable.

3. The factual position needs to be noted in a nutshell as an interesting question of law is involved for the resolution of which factual details are not relevant.

4. Appellants stand all through was that the testator- Mohinder Singh Khandpur has expired on 5.10.1995 and the petition under Section 278 of the Indian Succession Act, 1925 (in short the Act) for grant of Letters of Administration was filed on 7.8.2002, and therefore, the same was barred by limitation. Learned Additional District Judge after referring to Section 232 of the Act held that the cause of action in favour of the respondent Nos. 1 to 3 had arisen only when the



























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