Shanti Swaroop Deceased And ... vs Onkar Prasad Deceased And Others
2023 Latest Caselaw 5803 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- SECOND APPEAL No. - 795 of 2011
 

 
Appellant :- Shanti Swaroop Deceased And Others
 
Respondent :- Onkar Prasad Deceased And Others
 
Counsel for Appellant :- Vinod Sinha,Arun Kumar Sharma,Mahesh Sharma,Pradeep Kumar Rai
 
Counsel for Respondent :- Sanjai Kr. Dubey,Pramod Kumar Dwivedi,Sanjay Kumar Dubey
 

 
Hon'ble Salil Kumar Rai,J.

This is a plaintiffs' appeal challenging the judgment and decree dated 06.09.2011 passed by the District Judge, Hathras dismissing Civil Appeal No.23 of 1980 filed against the decree passed by the trial court in Original Suit No.13 of 1978 as well as against the judgment and decree dated 20.11.1979 passed by the trial court dismissing Original Suit No.13 of 1978.

When the appeal was heard on 26.09.2011, it was noted in the order of the said date that the only question involved in this appeal was as to from which date the limitation for filing the suit would run i.e., from the date of execution of the Will, date of the knowledge of the Will or the date of death of the executant. Subsequently, in its order dated 21.11.2022, this Court recorded its opinion that the end of justice would be served if the appeal was decided finally at the admission stage itself by framing substantial questions of law on the next date fixed.

The appeal is admitted on the following substantial question of law: -

"Whether Original Suit No. 13 of 1978 for cancellation of Will dated 05.08.1972 was barred by limitation in light of Article 59 of the Limitation Act, 1963?"

The counsel for the parties had notice of the said question and have addressed the Court on the aforesaid question.

Judgment reserved.

Order Date :- 21.2.2023

Vipasha