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april 2008

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.

Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors · Niyam