Supreme Court of India · 2008-04-16
KAMLESH BABU vs LAJPAT RAI SHARMA .
- Citation / case number
- SC 2006/11772
- Court
- Supreme Court of India
- Petitioner
- KAMLESH BABU
- Respondent
- LAJPAT RAI SHARMA .
- Author
- Altamas Kabir
- Bench
- ALTAMAS KABIR A. K. MATHUR
Judgment text excerpt
The Supreme Court held that the registered Will dated 5th August, 1972, executed by Brijlal in favor of his grandchildren through Onkar Prasad, was valid and binding, rejecting claims of fraud by the respondent. The Court emphasized that the Trial Court's finding that the suit was barred by limitation under Article 59 of the Limitation Act, 1963, was not addressed by the Appellate Court, leading to a reversal of the Trial Court's decision without proper consideration of the limitation issue. Consequently, the Supreme Court restored the Trial Court's judgment, affirming the validity of the Will and the limitation bar.