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1990 Supreme(Mad) 361

NAINAR SUNDARAM, SWAMIDURAI
In The Matter of S. Krishnaswami and Etc. ; (2) E. Devarajan and Others – Appellant
Versus
E. Ramiah, Defendant – Respondent


Appearing Advocates: For

Judgment :-

NAINAR SUNDARAM, J.

In these references the question which we are called upon to answer is to the following effect :

"Whether Art.137 of the Limitation Act, 1963, will apply to proceedings filed for grant of probate or letters of administration with or without the will annexed?" *

The first thing which we should do is to extract, as follows, the Article, with regard to the application of which, to the proceedings, referred to above, we are asked to concentrate :

"137. Description of suit : Any other application for which no period of limitation is provided elsewhere in the Division.

period of Limitation : Three years.

Time from which period begins to run :

When the right to apply accrues." *

As we could see from the extract, Art.137 of the Limitation Act, 1963, does not by its terms make specific reference to applications for grant of probate and letters of administration with or without the will annexed.

2. It will be worthwhile to advert to the Legislative history concerning the prescriptions for limitation for applications. It cannot be said that the earliest statutes governing limitations did provide for limitations for applications. M. Srinivasan, J. in Sakunthala v. Mino




























































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