- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by the Delhi High Court which by the impugned order allowed the appeal filed by the respondent.
(3.) Background facts in a nutshell are as follows: Respondent, the propounder of the registered will dated 13th July, 1989 executed by his mother, has locked horns with his step brother, Krishan Kumar Sharma, the appellant herein Smt. Sneh Prabha Sharma, the testatrix, and her husband Ram Mohan Sharma were married twice. Respondent is the son of testatrix and Ram Mohan Sharma. Appellant is the son from the first wife of Ram Mohan Sharma. The respondent s case is this that the will dated 13th July, 1989 was made by the above said testatrix in sound disposing mind on 13th July, 1989 and it was got registered on 11th September, 1989. Smt. Sneh Prabha Sharma died on 9th July, 1990. Except the appellant, none of the other siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act, 1925 (in short the Act ). The basic question before the High Court was whether Article 137 of the Indian Limitation Act, 1963 (in short the Limitation Act ) applies to the facts of the present case. The High Court relied upon the judgments of Delhi High Court in S.S. Lal v. Vishnu Mitter Govil and in Kanwal Malhotra v. State to hold that Limitation Act has no application to proceedings seeking for probate.;