P.P. Bhatt, J. - (1.) THE present appeal has been preferred under Section 299 of the Indian Succession Act, 1925 being aggrieved and dissatisfied with the judgment/order dated 24.8.2013 passed by the learned Judicial Commissioner -IV, Ranchi in L.A., Case No. 129 of 2012, whereby, the learned court below has dismissed the application for letters of administration as being barred by limitation. Learned counsel for the appellant submits that the appellant being a legatee applied for a letters of administration under Section 276 of the Indian Succession Act, 1925. It has been dismissed as it was barred by law of limitation, and hence, this appeal.
(2.) THE testator Bhagat Mahto had expired on 22.3.1966 and executed a registered Will on 4.3.1966. The petition under Section 276 of the Succession Act for grant of letters of administration was filed after 56 years of the death of the testator. The learned court below held that the cause of action for filing of the present application of Letter of Administration arose within the three years from the date of its institution and apparently the testator has died 56 years back and therefore, the same is dismissed being barred by limitation. It is further submitted that there is no time limit prescribed for filing an application for letters of administration and Article 137 of the Limitation Act also has no application. The application be treated as an application under Section 278 of the Indian Succession Act. It is also stated that cause of action for preferring an application for letter of administration does not arise on the death of the testator or within three years from the death of the testator, the same accrues when it become necessary to apply.
(3.) SINCE the instant miscellaneous appeal has been filed for its limited question of law and the respondents are the general people of the locality of the village, no fruitful purpose will be served for issuance of notice at this stage. The limited question of law which is involved in the present case, is with regard to question of limitation.;