2008 (4) TMI 826 - SC - Indian Laws

Summary

Issues involved:
Challenge to judgment of a learned Single Judge of the Delhi High Court dismissing Civil Revision Petition regarding grant of Letters of Administration of a Will dated 9.9.1991. Applicability of Article 137 of the Limitation Act, 1963 and timeliness of the petition.

Factual Position and Legal Analysis:

The appellant contended that the petition for Letters of Administration filed on 7.8.2002, after the death of the testator on 5.10.1995, was time-barred under Section 278 of the Indian Succession Act, 1925. However, the Additional District Judge ruled that the cause of action arose when a previous Probate Petition was withdrawn on 9.8.1999, making the current petition timely.

The High Court upheld the Additional District Judge's decision, stating that Article 137 of the Limitation Act does not apply to Probate/Letters of Administration proceedings. Citing the case of S.S. Lal v. Vishnu Mittal Goel, the High Court emphasized that the right to apply for Letters of Administration is a continuing right, triggered by specific events such as the withdrawal of a previous probate petition.

The appellant argued that Article 137 of the Limitation Act should apply, as the right to apply for Letters of Administration arises when there is a dispute about the genuineness of the Will. Conversely, the respondents contended that the right to apply is event-based, and in this case, it arose after the withdrawal of the previous probate petition.

Legal Precedents and Conclusion:

Referring to The Kerala State Electricity Board, Trivandrum v. T.P. Kunhaliumma, it was established that Article 137 of the Limitation Act applies to any petition or application filed under any Act to a civil court. The nature of the petition seeking Letters of Administration falls within the scope of Article 137, as it is a continuous right seeking recognition from the court to perform a duty.

Additionally, the Bombay High Court's decision in Vasudev Daulatram Sadarangani v. Sajni Prem Lalwani highlighted that the right to apply for probate or Letters of Administration is a continuous right that can be exercised any time after the death of the deceased, as long as the right to do so survives. In this case, the right to apply arose on 9.8.1999, making the petition filed on 7.8.2002 within the three-year limitation period.

Therefore, based on the legal analysis and precedents cited, the appeal challenging the timeliness of the petition for Letters of Administration is deemed without merit and is dismissed.