JUDGMENT

Vipin Sanghi, J. (Oral)--The present appeal assails the order dated 02.03.2020 passed in TEST.CAS 74/2017, wherein the learned Single Judge has rejected the submission of the objector/appellant herein on issue no.1 regarding the petition being barred by limitation, by holding that the said issue could not be decided as a preliminary issue.

2. The appellant's plea before the learned Single Judge-that the petition preferred by the respondent, Ms. Raj Mullick seeking probate of the will dated 24.05.1996 of her deceased sister Mrs. Rani Mullick was barred by limitation, was premised on his claim that the said will had already been disputed by the appellant way back in the year 1998. According to the appellant, since the said will has been disputed in the year 1998 itself, the period of limitation of 3 years-as prescribed under Article 137 of the LIMITATION ACT , had started to run against the respondent in 1998 and, therefore, the testamentary case filed in the year 2017 was well beyond the period of limitation. In support of this plea, the appellant/objector had placed reliance on a Division Bench judgment of this Court in Pratap Singh & Anr. vs. State & Anr., 2010(118) DRJ