Supreme Court of India · 2009-03-27
Krishna Kumar Sharma vs Rajesh Kumar Sharma
- Citation / case number
- AIR 2009 SUPREME COURT 3247
- Court
- Supreme Court of India
- Petitioner
- Krishna Kumar Sharma
- Respondent
- Rajesh Kumar Sharma
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that Article 137 of the Limitation Act, 1963 applies to applications for probate under the Indian Succession Act, 1925, thereby overruling the Delhi High Court's interpretation that the Limitation Act does not apply to such proceedings. The Court clarified that any application to a civil court, including those under the Indian Succession Act, falls within the ambit of Article 137, which allows for the extension of the limitation period under certain circumstances. Consequently, the appeal was allowed, and the High Court's order was set aside.