1983 (3) TMI 314

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....e petitioner's right to apply accrued. 14. This contention is fallacious. The Schedule to the Limitation Act is divided into three divisions. The Third Division pertains to application and consists of two parts, the first part being "APPLICATIONS IN SPECIFIED CASES" and the second part being "OTHER APPLICATIONS" under which Art. 137 falls. It reads thus :-- "187. Any other application for which no period of limitation is provided elsewhere in this Division. Three Years When the right to apply accures." The basic question that arises is whether the 3-year period must be computed from the date of the deceased's death as urged by Mr. Dalapatrai. Under the Limitation Act, no period is advisedly prescribe....

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....rovisions for explaining delay in making the application beyond 3 years of the deceased's death is to be found in R. 382 of the High Court Rules. The 3-year period is presumably on the assumption that the necessity to make the application would ordinarily arise within that time. If the necessity arises thereafter, delay must, as stated earlier be explained to the satisfaction of the Court. Delay cannot be equated with the absolute bar of limitation. Once execution and attestation of the Will are proved, the suspicion of delay in making the application no longer operates. Mahindra v. Mahaluxmi Bank,. In para 10 of the petition the petitioner has explained that the cause of the delay was the filing of the partition suit by the caveatrix, ....