IMPORTANT POINT
The period of limitation for obtaining a declaration begins when the right to sue first accrues, as per Article 58 of the Limitation Act, 1963.

ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL. No. 42966/2023

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

C.R.P.229/2023 AND CM APPL. No.42965/2023

1. The present Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC"), has been filed by the petitioner seeking the following reliefs:

"a. Allow the present Revision Petition, thereby, setting aside the Order dated 20.05.2023 passed by Ld. ADJ-02, South West, Dwarka Courts, Delhi, in CS DJ ADJ No. 957/2017, titled as Smt. Ashok Rani Vs. Sh. Kashmiri Lal and consequently dismiss the said Suit being barred by Limitation; and/or

b. Pass any other order as this Hon?ble Court may deem fit and proper in the facts and the circumstances of the present case."

2. Learned counsel appearing on behalf of the petitioner submitted that the respondent had filed a Civil Suit bearing No. CS DJ ADJ 957/17, on 3rd October 2017, seeking declaration that the Will dated 8th September 2010, which was executed by Late Smt. Sheela Devi in favour of the petitioner, is null and void.

3. It is submitted that in the said Civil Suit, an issue of limitation was raised by the petitioner, i.e, the defendant before the learned Trial Court. The learned Court below vide the impugned order dated 20th May 2023, wrongly decided that the said Suit is maintainable and not barred by limitation since the actual cause of cause of action for filing the same accrued on 17th October 2014.

4. It is submitted the learned Trial Court failed to appreciate the fact that the respondent came to the knowledge about the above said Will on 17th February 2014, i.e. when the petitioner had filed an application under Order XXII Rule 4 of the CPC, before this Court, in Regular First Appeal bearing No. 511/2012, titled as `Smt. Ashok Rani v. Smt. Sheela Devi', for the purpose of getting himself substituted as a legal heir of Late Smt. Sheela Devi.

5. It is submitted that the limitation period to file such a suit as per Article 58 of the Limitation Act, 1963, is 3 years. It is further submitted that the learned Trial Court failed to consider that the limitation period would begin to run from the date of the knowledge of above said Will and not from the date when the right to sue accrues.

6. It is submitted that the learned Court below failed to appreciate the fact that the actual threat arose against the title qua the property of the respondent on 17th February 2014, i.e., the date when the petitioner had filed the application before this Court.

7. It is submitted that the copy of the said Will was supplied to the respondent on 31st March 2014, and the said date may be presumed to be the date from which the limitation period to file the above said Civil Suit begins.

8. It is submitted that in light of the instant matter, the limitation period to seek declaration against the above said Will expired on 31st March 2017, and since the above said Suit was filed on 16th October 2017, as per the information available on `E-courts website', the same is barred by the limitation.

9. It is submitted that the learned Trial Court wrongly came to the conclusion that the period of limitation for filing of the above said Civil Suit commenced from 17th October 2014, i.e., the date when the petitioner had filed a Probation Petition bearing No. PC/5/2016, before the Dwarka District Court qua Will dated 8th September 2010. It is submitted that the learned Court below erroneously held that since the actual cause of action arose on 17th October 2014, the said Civil Suit was maintainable and not barred by the limitation.

10. It is submitted that in view of the aforementioned submissions, the instant petition may be allowed and the impugned order be set aside.

11. Heard learned counsel appearing on behalf of the petitioner and perused the record.

12. Before discussing the legal footing of the issues in the instant matter, the relevant facts and contentions are being recapitulated herein below.

13. It i