Supreme Court of India · 2008-04-03
Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2058
- Court
- Supreme Court of India
- Petitioner
- Kunvarjeet Singh Khandpur
- Respondent
- Kirandeep Kaur & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P.Sathasivam
Judgment text excerpt
The Supreme Court held that the application for grant of Letters of Administration under Section 278 of the Indian Succession Act, 1925 is not barred by limitation as the cause of action arose only after the withdrawal of a prior probate petition, thus making the application filed on 7.8.2002 timely. The Court clarified that Article 137 of the Limitation Act, 1963 does not apply to such proceedings, affirming the High Court's decision. Consequently, the appeal was dismissed, upholding the lower court's ruling.