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2017 Supreme(Del) 4904

INDERMEET KAUR
Ashok Bajaj – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Darpan Wadhwa, Senior Advocate with Mr. Albert Sebastian, Ms. Sonali Chopra and Mr. Arnav Kumar, Advocates
For the Respondent:Mr. Nikhil Rohtagi, Mr. Shashank Khurana and Mr. Mohit Khubchandani, Advocates

JUDGMENT :

Indermeet Kaur, J.

I.A.No.19641/2014 (u/O VII Rule 11 CPC)

Petitioner seeks probate of the Will dated 10.10.1976 of deceased Jagdish Lal Bajaj. The petitioner is the son of the deceased. The second son of the deceased was Rajiv Bajaj. He has since died. The respondents (No.2 to 4) are the legal representatives of Rajiv Bajaj i.e. his wife and two children.

Objections have been filed by them. In the course of these proceedings an application under Order 7, Rule 11 CPC had also been filed by them.

2. Arguments have been addressed on the aforesaid application. On behalf of the applicant, it is pointed out that this petition is liable to be rejected for two reasons. The first is the ground of limitation and the second is because of the contrary pleas which have been taken by the petitioner. On the ground of limitation, it is pointed out that as per averments made in the petition, the deceased had left a Will dated 10.10.1976 which was followed by a Codicil dated 14.10.1976. Even as per the own showing of the petitioner, the petitioner learnt about this Codicil from his mother in the year 1994. In the year 1994 itself, the petitioner had signed a registered Declaration Deed wherei

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