Supreme Court has held that Article 137 of the Limitation Act is applicable to the application filed under Succession Act.
A bench of Justice Mishra, Justice Saran and Justice Bhat has passed the order in the case titled as RAMESH NIVRUTTI BHAGWAT vs DR. SURENDRA MANOHAR PARAKHE on 04.10.2019.
This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter “the LOA holder”), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter “Antoinette”).
Letters of administration were granted by the High Court. Appellant apporached for revocation. The LOA holder opposed the application for cancellation of probate on several grounds, including that the petition was barred by the law of limitation, inasmuch as such applications are covered by Article 137 of the Limitation Act,1963, and the petition ought to have been presented within three years.
As evident, the appellant’s application for cancellation of the letters of administration was rejected concurrently. The only question urged is whether there is any limitation prescribed and if not, whether the residuary provision (Article 137 in the schedule to the Limitation Act, 1963 – hereafter “the Act”) applies and for which the starting point of limitation is the date of alleged knowledge of the grant of letters of administration.
Supreme Court noted "The Indian Succession Act, 1925 does not prescribe a specific period of limitation for the grant of probate, or for moving an application for cancellation of probate or letters of administration. The residuary entry Article 137 of the Act, which covers proceedings for which no period of limitation is stipulated in the Act, provides for a threeyear period of limitation".
It then quoted from one earlier judgment as “The words "any other application" under Article 137 cannot be said on the principle of ejusdem generis to be applications under the Civil Procedure Code other than those mentioned in Part I of the third division. Any other application under Article 137 would be petition or any application under any Act. But it has to be an application to a court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period.................. The conclusion we reach is that Article 137 of the 1963 Limitation Act will apply to any petition or application filed under any Act to a civil court".
Supreme Court then observed "In the present case, the letters of administration were granted in ancillary proceedings on 25.11.1994. The High Court took note of the fact that the notice of motion (in the disposed of proceeding) was filed on 29.03.1997; it was withdrawn on 01.04.1998. The petition for revocation of the letters of administration were filed on 29.7.1999. Proceedings were clearly time barred, given that the original grant of the ancillary letters took place on 25.11.1994; they constituted notice to all concerned. Clearly, the petition for revocation of letters of administration was time barred".
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