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1 - 10 of 15 (0.33 seconds)Article 137 in Constitution of India [Constitution]
Kumar Harish Chandra Singh Das & Ors vs Bansidhar Mohanty And Ors on 5 May, 1965
"18. The alteration of the division as well as the change in the
collocation of words in Article 137 of the Limitation Act 1963
compared with Article 181 of the 1908 Limitation Act shown that
applications contemplated under Article 137 are not applications
confined to the Code of Civil Procedure. In the 1908 Limitation
Act there was no division between applications in specified cases
and other applications as in the 1963 Limitation Act. The word
'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 the applicant
or the appellant satisfies the court that he had sufficient cause
PC No. 16161/16 Harish Kumar Vs. State & Ors 6 of 8
for not preferring the appeal or making the application during
such period.
The Code of Civil Procedure, 1908
Article 181 in Constitution of India [Constitution]
Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors on 3 April, 2008
13 Hon'ble Supreme Court of India, further in the case of
KRISHAN KUMAR SHARMA VS. RAJESH KUMAR SHARMA
(2009) SCC, held that Article 137 of Limitation Act is applicable
in case of Probate/ Letter of Administration but applicable as per
judgment of in case "KUNVARJEET SINGH KHANDPUR VS.
KIRANDEEP KUAR", 2008 SCC, (Supra)
"16. Rejecting Mr. Dalpatrai's contention. I summarise my
conclusion thus-