1. This application arises out of a probate proceeding for the grant of probate of a will. The objector who is the petitioner before us took an objection that the application filed for probate of the will executed by one Munna Lal Thakur, who died on 12-10-1968, was barred by limitation under Art.137 of the Limitation Act 1963 inasmuch as having been filed on 11-7-1979 beyond the prescribed period of three years under said Article.

2. The learned District Judge following a decision of the Calcutta High Court has rejected this plea. Accordingly the objector has come to this Court and a learned single Judge before whom the case was placed for hearing has referred it to a Division Bench.

3. Article 137 of the new Limitation Act is the residuary Article like Art.181 of the old Limitation Act but with certain modification in the language and its classification which in our view is of great importance. Article 181 was placed in the Third Division dealing with the application, but Art.137 has been placed separately although under the Third Division in a separate part to govern "other applications" apparently thereby indicating the intention of the legislature that the expression a