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2025 Supreme(Online)(Pat) 1806

PATNA HIGH COURT
HONOURABLE MR. BIBEK CHAUDHURI, HONOURABLE MR. DR. ANSHUMAN, JJ
Arun Kumar – Appellant
Versus
Smt. Niramal Devi – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Vishwajeet Kr. Mishra, Advocate
For the Respondents:Mr. Shashi Shekhar Dvivedi, Sr. Advocate, Mr. Parth Gaurav, Advocate, Mr. Anshu Raj Singh, Adv., Mr. Aditya Singh, Adv., Mr. Rahul Kumar, Adv., Mr. Ashutosh Kr. Pandey, Adv.

Table of Content
1. factual background of appeals (Para 1 , 2 , 3 , 4)
2. arguments regarding applicability of limitation act (Para 5 , 6 , 7 , 8 , 9)
3. judicial interpretations regarding probate and limitation (Para 10 , 11 , 12 , 13)
4. article 137 of limitation act applicable to probate (Para 14)
5. conclusion and direction for further proceedings (Para 15 , 16)

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE DR. ANSHUMAN)

Date : 18-12-2025

Heard learned Counsel for the appellants and learned Counsel for the respondents of all three appeals.

2. First Appeal No.361 of 2001 has been filed against the Judgment and decree dated 22.06.2001 passed by the learned District Judge, Gopalganj, in Title Suit No.27 of 1987. First Appeal No.375 of 2001 has been filed against the judgment and decree dated 22.06.2001 passed by the learned District Judge, Gopalganj, in Probate Case No.11 of 1997 and First Appeal No.182 of 2003 has been filed against the judgment and decree dated 28.05.2003 passed in Title Suit No.15 of 1992, arising out of Probate Case No.21 of 1990 by the learned 1st Additional District Judge, Buxar, by which the suit has been allowed in favour of the plaintiff-respondent by granting probate

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