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2023 Supreme(Del) 5711

CHANDRA DHARI SINGH
Kashmiri Lal Pruthi – Appellant
Versus
Ashok Rani – Respondent


Advocates appeared:
Mr.Sudeep Sudan, Advocate (through VC), for the Petitioner.
None, for the Respondent.

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, t

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