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.