S. A. O NO. 35 OF 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH S. A. O NO. 35 OF 2010 (O&M) DECIDED ON : 09.09.2011 Ash Mohd. ...Appellant versus Abdul and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Sudhir Aggarwal, Advocate, for the appellant. Mr. R. S. Hooda, Advocate, for the respondents. K. C. PURI, J. (ORAL) The challenge in the present appeal is to the order dated 10.05.2010 passed by Shri Pradeep Kumar, Additional District Judge, Fast Track Court, Nuh, vide which the appeal was accepted and the order dated 06.10.2009 passed by Shri Prashant Rana, Civil Judge(Junior Division), Ferozepur Jhirka was set aside. Briefly stated, Ranjeet Singh filed a suit for declaration claiming ownership in respect of property left by Jasmal Singh on the basis of Will dated 18.11.1985. The attestor of the Will died on 24.04.1993. The suit was filed on 20.03.2002. The suit was resisted by the defendants. S. A. O NO. 35 OF 2010 (O&M) -2- The defendants filed an application under order 7 rule 11 CPC for rejecting the plaint. The said application was ordered to be heard along with the suit. However, the learned trial Court has framed the preliminary issue of limitation and the suit was dismissed on the ground of limitation by deciding the preliminary issue in favour of the defendants and against the plaintiff. Feeling dissatisfied with the orders dated 06.10.2009 passed by Civil Judge(Junior Division), Ferozepur, Jhirka, the plaintiff filed the first appeal. The said appeal was accepted vide judgment dated 10.05.2010 and the preliminary issue was decided against the defendants. Feeling dissatisfied with the judgment dated 10.05.2010 passed by the first Appellate Court, the defendant- appellant has preferred the present appellant. Learned counsel for the appellant has submitted that the period for filing suit for limitation to challenge the Will is three years. Jasmal Singh died on 24.04.1993. The suit was to be filed within three years. The learned trial Court has rightly dismissed the suit of plaintiff on the ground of limitation. I have carefully considered the said submissions but do not find any force in the same. The suit is in respect of inheritance of Jasmal Singh. The plaintiff claimed the ownership of the suit property on the basis of Will dated 18.11.1985. The first Appellate Court observed that the parties had been litigating before the Revenue S. A. O NO. 35 OF 2010 (O&M) -3- Officer till 07.03.2002 and the suit has been filed on 20.03.2002, and as such, the suit is within limitation. Otherwise also, there is no limitation for filing the suit on the basis of inheritance. The other party can take the plea of adverse possession, if so desired. The parties have been litigating before the Revenue Officer till 07.03.2002 i.e few days prior to the filing of present suit. So, the learned first Appellate Court has rightly held that the suit is within limitation. Consequently, the appeal is without any merit and the same stands dismissed. SEPTEMBER 09, 2011 (K. C. PURI) shalini JUDGE