M.M. Pareed Pillay, J.

1. Revision petitioner is the third defendant in O.S. 10 of 1987 of the Additional District Court, Trichur. He challenges the order In I.A. 551 of 1990 allowing amendment of the plaint. The suit was originally filed as O.P. 2 of 1980 for the grant of probate along with the will attached thereto. As the revision petitioner contested the petition, it was converted as an Original Suit. Respondent (plaintiff) wanted amendment of the plaint to alter the prayer as one for grant of letters of administration instead of grant of probate. The Additional District Judge allowed the petition overruling the objection of the revision petitioner that the suit is barred by limitation under Art.137 of the Limitation Act.

2. Revision Petitioner contended that as the suit is barred by limitation as the respondent did not file it within three years of the death of the testator as provided under Art.137 of the Limitation Act the amendment should not have been allowed. Respondent's contention is that for the grant of probate or letters of administration no period of limitation is provided either under the Indian Succession act or Limitation Act.

3. Counsel for the revis