Legal Analysis: Dhiraj Dutta v. Anirban Sen and Others

Citation: 2026 INSC 602

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Sanjay Karol (author) and one other Judge

Date of Decision: May 29, 2026

Nature of Judgment: Civil Appeal arising out of SLP (C) No. 3371 of 2026 against the judgment of the Division Bench of the Calcutta High Court.

Synopsis of the Judgment

Smt. Gouriprava Sen inherited properties from her husband and gifted certain portions to her two grandsons, Aswini and Shankar. The appellant (Dhiraj Dutta) claimed to be a legatee under a Will executed by Gouriprava Sen and obtained probate in 1978. In 2012, he initiated mutation proceedings before the West Bengal Land and Land Reforms Tribunal. Notice of these proceedings was served upon the respondents (heirs of Aswini and Shankar) in July 2013. The respondents chose not to contest the mutation proceedings because they already had mutation entries in their favour. The mutation application was dismissed. Subsequently, in 2019, the appellant filed a title suit. In 2022, the respondents filed an application for revocation of the probate granted in 1978. The Single Judge dismissed the revocation application as barred by limitation under Article 137 of the Limitation Act, 1963. The Division Bench reversed, holding that limitation ran from 2019 when they acquired knowledge. The Supreme Court allowed the appeal, holding that notice in the 2013 mutation proceedings constituted constructive notice to the respondents, and the limitation period under Article 137 would have started from the date they could have discovered the basis of those proceedings (i.e., the probate). Since they did not act as reasonably prudent persons, the 2022 application was hopelessly time-barred.

1. Basic Information of the Judgment

Case Title: Dhiraj Dutta v. Anirban Sen and Others

Citation: 2026 INSC 602

Civil Appeal No.: Arising out of SLP (C) No. 3371 of 2026

Bench: Justice Sanjay Karol (author) and one other Judge

Date of Decision: May 29, 2026

Court: Supreme Court of India (Civil Appellate Jurisdiction)

Impugned Order: Judgment of the Division Bench of the Calcutta High Court in G.A. No. 02 of 2022 (arising out of PLA No. 238 of 1995) dated [not specified], which allowed the appeal against the Single Judge's order dated 16.06.2023.

2. Legal Framework

Major Laws and Provisions Involved

• Indian Succession Act, 1925 – Section 263 (revocation or annulment of grant of probate for just cause), Explanation (just cause includes defective proceedings, fraud, untrue allegations, discovery of later Will, etc.).

• Limitation Act, 1963 – Article 137 (any other application for which no period is provided elsewhere – limitation three years from when the right to apply accrues).

• Code of Civil Procedure, 1908 – Not specifically invoked bu

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