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april 2019

Supreme Court of India · 2019-04-29

Sameer Kapoor vs The State Through Sub Division ...

Citation / case number
AIR 2019 SUPREME COURT 3318
Court
Supreme Court of India
Petitioner
Sameer Kapoor
Respondent
The State Through Sub Division ...
Author
M.R. Shah
Bench
M.R. Shah, L. Nageswara Rao

Judgment text excerpt

The Supreme Court upheld the High Court's decision to dismiss the appellants' application to reject the plaint under Order VII Rule 11 of the CPC, affirming that Section 228 of the Indian Succession Act does not impose a limitation period for filing a petition for letters of administration. The Court clarified that since no specific limitation is prescribed for Section 228, Article 137 of the Limitation Act, 1963, does not apply. Consequently, the appeal was dismissed, confirming the lower court's ruling.

Sameer Kapoor vs The State Through Sub Division ... · Niyam