https://www.taxtmi.com/caselaws?id=309531 A probate application is not governed by the ordinary limitation provisions applicable to applications under the Code of Civil Procedure, because probate is a distinct proceeding involving permission to perform a duty created by the will. A renewed probate request must therefore be treated as a fresh application on its own footing, and it cannot be rejected merely because an earlier application was dismissed. The proper course is to entertain the application and decide it on merits, without indirectly importing limitation by procedural restriction. The court below was not justified in barring the probate application on limitation grounds. en-us Tue, 23 Jan 1894 00:00:00 +0521 Fri, 08 Sep 2023 10:33:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309531 A probate application is not governed by the ordinary limitation provisions applicable to applications under the Code of Civil Procedure, because probate is a distinct proceeding involving permission to perform a duty created by the will. A renewed probate request must therefore be treated as a fresh application on its own footing, and it cannot be rejected merely because an earlier application was dismissed. The proper course is to entertain the application and decide it on merits, without indirectly importing limitation by procedural restriction. The court below was not justified in barring the probate application on limitation grounds. Case-Laws Indian Laws Tue, 23 Jan 1894 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=309531