( 1 ) LEARNED counsel for the appellant has impugned the order passed by the learned Single Judge on March 23, 2004 disallowing the application of the appellant by which the appellant took the plea that the probate petition was barred by limitation.

( 2 ) IT was argued by the learned counsel for the appellant that in view of Kerala State Electricity Board v. T. P. Kunhaliumma, AIR 1977 sc 282, where the Supreme Court held as under :

"the conclusion we reach is that Article 137 of the 1963 Limitation act will apply to any petition or application filed under any Act to a civil court. With respect, we differ from the view taken by the two judge Bench of this Court in Athani Municipal Council case (AIR 1969 SC 1335) (supra) and hold that Article 137 of the 1963 Limitation act is not confined to applications contemplated by or under the code of Civil Procedure. The petition in the present case was to the district Judge as a Court. The petition was one contemplated by the telegraph Act for judicial decision. The petition is an application falling within the scope of Article 137 of the 1963 Limitation Act. "

( 3 ) ON the same analogy, Article 137 of the Limitation Act woul