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Supreme Court Of India

(From: Bombay)

Hon'ble Judge(s): Arun Mishra, Vineet Saran, S. Ravindra Bhat , JJJ

Succession Act (39 of 1925) , S.263, S.228, S.276— Limitation Act (36 of 1963) , Art.137— Revocation of letters of administration - Application for - Limitation period - No specific period for limitation prescribed under Act - Proceedings covered by Art. 137 of Limitation Act which requires application to be filed within three years from date when right to apply accrues. As no specific period for limitation prescribed under Act for moving application for cancellation of probate or letter of administration, such proceedings are covered by Art. 137 of the Limitation Act, 1963, which requires the application to be filed within 3 years from the date when the right to apply accrues. 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Court took note of the fact that the notice of motion (in the disposed of proceeding) was filed on 29.03.1997; it was withdrawn on 01.04.1998.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. Even if the period spent on the notice of motion from 29.3.1997 to 1.4.1998 were excluded from consideration, the petition for revocation was filed beyond the period of three years from 25.11.1994, as the three year period expired on 24.11.1997, and the revocation petition is clearly time barred.(Para 7 17) ....