Supreme Court · 2009 INSC 420 · Decided 27 March 2009
Krishna Kumar Sharma v. Rajesh Kumar Sharma
- Court
- Supreme Court of India
- Citation
- 2009 INSC 420 · [2009] 4 S.C.R. 1223
- Case number
- CIVIL APPEAL No. 1967/2009
- Decided
- 27 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 13, 137; Succession Act Section 276
Headnote
Limitation Act, 1963 - Article 13 7 - Applicability of, to probate proceedings - Held: Article 137 is, clearly applicable c to petition for grant of probate or Letters of Administration - However, since other issues involved, matter remitted back for consideration afresh - Succession Act, 1925. for consideration in the ) appeal was whether Article 137 of the Limitation Act, 1963 D would be applicable to the proceedings seeking probate. Partly allowing the appeal, the Court HELD: 1.1 Any application to civil court under the Succession Act, 1925 is covered by Article 137 of the E
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