Supreme Court of India · 2019-04-29
SAMEER KAPOOR vs THE STATE THROUGH SUB DIVISION MAGISTRATE SOUTH
- Citation / case number
- SC 2009/8397
- Court
- Supreme Court of India
- Petitioner
- SAMEER KAPOOR
- Respondent
- THE STATE THROUGH SUB DIVISION MAGISTRATE SOUTH
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appeal against the rejection of the application to reject the plaint under Order VII Rule 11 of the CPC. The Court clarified that Section 228 of the Indian Succession Act does not have a prescribed period of limitation, thus Article 137 of the Limitation Act, 1963, is not applicable. The Court confirmed that the learned Single Judge's interpretation of the Act was correct, leading to the dismissal of the appeal.