9911796707
TMI Blog1981 (12) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... eding for the grant of probate of a will. The objector who is the petitioner before us took an objection that the application filed for probate of the will executed by one Munna Lal Thakur, who died on 12-10-1968, was barred by Limitation under Article 137 of the Limitation Act 1963 in as much as having been filed on 11-7-1979 beyond the prescribed period of three years under said Article. 2. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pes of cases where the other articles under the Third Division were placed. Apart from the change of the division, the words used in Article 137 are also slightly different. The words any other application under Article 137 cannot be said on the principle of ejusdem generis applies only to applications under the Code of Civil Procedure other than those mentioned in Part I of the Third Division. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions referred to in Article 181, by the application of the doctrine of ejusdem generis applied only to the applications under the Code of Civil Procedure. 4. The Supreme Court in the case of Kerala S. E. Board v. T. P. Kunhaliumma, (AIR 1977 SC 282) has noticed the differences pointed out above and has overruled its earlier view that Article 137 applied only to application, made under the Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Act. The argument advanced in that case was that the starting point for computing the period of limitation would be the date when the executor for the first time became aware of the will. This argument was rejected as Mr. Madhusudan Singh had contended that the starting date for the said purpose would be the date of the death of the testator. We are unable to accept this contention as the right ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
