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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Joginder Pal Singh, S/o. Late Mr. Kulwant Singh – Appellant
Versus
State (Govt. Of NCT Of Delhi), Delhi Secretariat Complex – Respondent
| Table of Content |
|---|
| 1. factual background regarding the will. (Para 3 , 4 , 5) |
| 2. respondent's main arguments against petition. (Para 6) |
| 3. petitioner's counterarguments. (Para 7) |
| 4. application of legal standards for plaint rejection. (Para 9 , 10 , 13 , 14) |
| 5. challenges to will validity addressed at trial. (Para 16 , 17) |
| 6. dismissal of application for plaint rejection. (Para 18 , 19) |
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
I.A. 34702/2024 (filed on behalf of respondent no.2 under Order VII Rule 11 of CPC)
The instant application on behalf of respondent no. 2, under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC), is for rejection of the petition on the ground that the same is barred by limitation.
2. In light of the short question to be adjudicated herein, it is apposite to briefly enumerate the facts relevant to the present application.
Factual matrix
3. The present petition under Section 276 of the Indian Succession Act, 1925, is for grant of letter of administration in respect of the Will dated 31.03.2015 (hereinafter referred to as the Will) executed by late Mr. Kulwant Singh (hereinafter referred to as the testator).
4. In the petition, it is di
The limitation for filing a petition for letters of administration commences upon retrieval of the original will, not from prior knowledge of its existence, as established under relevant legal preced....
Limitation under Art.137 of the Limitation Act does not apply to proceedings for Letters of Administration under the Indian Succession Act as per Original Side Rules.
The accrual of the right to apply for probate and the determination of limitation is a mixed question of fact and law, and should be examined based on the averments made in the petition.
The judgment established that the provisions of Article 137 of the Limitation Act are not applicable to probate proceedings under the Indian Succession Act.
A plaint must establish a clear cause of action; limitation issues involving mixed questions of fact and law cannot be decided without trial evidence.
Administration suits governed by Limitation Act Art 106 (12 years from legacy payable, post one-year from death); plaint not rejectable under CPC O VII R11 if main reliefs timely, as rejection must b....
The right to apply for probate is a continuous right that can be exercised anytime after death, and delay does not constitute an absolute bar, requiring evidence for limitation determination.
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