Form No. J(2)

In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’be Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar F.A. 15 of 2019 IA No: CAN 5 of 2024 Achin Ghosh and others Vs.

Debashis Sengupta, in place of Jyotirmoyeee Sengupta (since deceased) and another For the appellant : Mr. Sourav Sen Mr. Diptomoy Talukder Mr. Triptimoy Talukdar Ms. Archita Chel Mr. Abhiraj Tarafder For the respondent no.1(b) : Mr. Washim Akhtar Dafader Heard on : 20.03.2025 Judgment on : 20.03.2025 Sabyasachi Bhattacharyya, J.:-

1. The present appeal has been preferred against a judgment whereby the letters of administration proceeding filed at the behest of the appellants was dismissed on the sole ground of limitation.

2. Mr. Sen, learned senior counsel appearing for the appellants, argues that the rigours of Article 137 of the Limitation Act are not applicable strictly in probate proceedings and in respect of proceedings for grant of letters of administration.

3. Learned senior counsel cites Sameer Kapoor and another vs.

State thorugh Sub-Division Magistrate South, New Delhi and others reported at (2020) 12 SCC 480 in support of the proposition tha