2009 (3) TMI 1109

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....s mother, has locked horns with his step brother, Krishan Kumar Sharma, the appellant herein Smt. Sneh Prabha Sharma, the testatrix, and her husband Ram Mohan Sharma were married twice. Respondent is the son of testatrix and Ram Mohan Sharma. Appellant is the son from the first wife of Ram Mohan Sharma. The respondent's case is this that the will dated 13th July, 1989 was made by the above said testatrix in sound disposing mind on 13th July, 1989 and it was got registered on 11th September, 1989. Smt. Sneh Prabha Sharma died on 9th July, 1990. Except the appellant, none of the other siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act, 1925 (in short the `Act'). The ....

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....those mentioned in Part I of the third division. Any other application under Article 137 would be petition or any application under any Act. But it has to be an application to a court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period. 22. The conclusion we reach is that Article 137 of the 1963 Limitation Act will apply to any petition or application filed under any Act to a civil court. With respect we differ from the view taken by the two-judge bench of this Court in Athani Municip....

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....where in the Division. Period of Limitation: Three Years Time from which period begins to run: When the right to apply accrues. The crucial expression in the petition is "right to apply". In view of what has been stated by this Court, Article 137 is clearly applicable to the petition for grant of Letters of Administration. As rightly observed by the High Court in such proceedings the application merely seeks recognition from the Court to perform a duty because of the nature of the proceedings. It is a continuing right. The Division Bench of the Delhi High Court referred to several decisions. One of them was S. Krishnaswami and etc. etc. v. E. Ramiah AIR 1991 Mad 214. In para 17 of the said judgment it was noted as follows: ....

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....plication' under Article 137 of the Limitation Act, 1963. 8. Though the nature of the petition has been rightly described by the High Court, it was not correct in observing that the application for grant of probate or letters of Administration is not covered by Article 137 of the Limitation Act. Same is not correct in view of what has been stated in The Kerala State Electricity Board's case (supra). 9. Similarly, reference was made to a decision of the Bombay High Court's case in Vasudev Daulatram Sadarangani v. Sajni Prem Lalwani AIR1983Bom268 . Para 16 reads as follows: 16. Rejecting Mr. Dalapatrai's contention, I summarise my conclusions thus: (a) under the Limitation Act no period is advisedly prescribed within wh....