SMT JAI PALI & ORS. vs SMT PREM SAHDEV

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.01.2026 Pronounced on : 18.02.2026 Uploaded on : 18.02.2026 + FAO 174/2022 SMT JAI PALI & ORS. .....Appellant Through: Mr. Asav Rajan, Ms. Aditi Pundhir and Mr. Ajay Sharma, Advocates versus SMT PREM SAHDEV .....Respondent Through: Mr. Rara Chand Sharma, Advocate (through VC) CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 29074/2022 & CM APPL. 29075/2022 (Exemption) 1. Allowed, subject to all just exceptions. 2. The applications stand disposed of. FAO 174/2022, CM APPL. 29076/2022 & CM APPL. 32089/2022 (Delay) 1. By way of the present appeal filed under Section 299 of the Indian Succession Act, 1925(hereinafter referred to as “Act”) read with Order XLI of the Code of Civil Procedure, 1908, the appellants seek setting aside of the order dated 13.10.2014 passed by the learned ADJ-02, South, Saket Courts, New Delhi, in M No. 52/2014 and the order dated 28.04.2014 passed by the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:18.02.2026 19:23:43 FAO 174/2022 Page 1 of 6 learned ADJ-02, South, Saket Courts, New Delhi, in PC No. 174/2011. 2. Vide the impugned order dated 28.04.2014, the application seeking revocation of grant of probate under Section 263 of the Act, assailing the ex- parte grant of probate in favour of the respondent, was dismissed on the ground that the same was barred under Article 137 of the Limitation Act, 1963. Thereafter, vide order dated 13.10.2014, the review application filed by the appellants seeking review of the aforesaid order was dismissed, holding that the plea and objections raised by appellants in the revocation proceedings were rightly barred by limitation. 3. Briefly stated, the case of the appellants is that appellant no.1 is the widow of