Mehar Singh Yadav v. The State & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 76/2017 MEHAR SINGH YADAV ..... Petitioner Through:

Mr. Yudhvir Singh, Adv.

Versus

THE STATE & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 28.02.2018 IA No.2924/2018 (for recall of the order dated 20th December, 2017) & IA No.2925/2018 (for condonation of 25 days delay in filing IA No.2924/2018) 1.

The Probate Petition was rejected on 20th December, 2017 for the reason of being not maintainable.

2.

Instead of taking the appropriate proceedings, this application for recall of the order has been filed stating that the petitioner could not immediately file the appropriate proceedings and the period of limitation may have expired.

3.

The same does not amount to a ground for recall. If at all there is any difficulty qua limitation, the remedy therefor is available under the Limitation Act, 1963 itself.

4.

Dismissed.

RAJIV SAHAI ENDLAW, J.

FEBRUARY 28, 2018 'bs'..