Limitation under Art.137 of the Limitation Act does not apply to proceedings for Letters of Administration under the Indian Succession Act as per Original Side Rules.

1. This Original Petition No.459 of 2017 is filed by the petitioners therein, who are the sons of the deceased testators T.Radhakrishna Naidu and Adhi Lakshmi Ammal. The four daughters and two other sons of the testators have been impleded as the respondents in the said Original Petition. The respondents 1 and 2 being two of the daughters have filed the above application seeking rejection of the Original Petition solely on the ground that the Original Petition is barred by limitation.

2. The said Application is resisted by the petitioners in the main Original Petition, contending that the main Original Petition cannot be rejected on the ground of limitation, in view of the Division Bench judgment of this Court in S.Vatsala v. K.S.Mohan & Others, reported in 2016 (1) LW 577 .

3. I have heard Mr.S.R.Raghunathan, learned counsel appearing for the applicants and Mr.S.William, learned counsel appearing for the respondents.

4. Mr.S.R.Raghunathan, learned counsel appearing for the applicants would strenuously contend that the Original Petition in OP No.459 of 2017 is on the face of it barred by limitation. Pointing out that the notice demanding partition was issued as early as on 05.12.2001 and the reply was sent by the petitioners in the main Original Petition / respondents herein, setting up a Will on 21.12.2001, the period of limitation would commence from at least the date of the reply notice. He would also point out that the applicants herein as plaintiffs had filed a suit in CS No.732 of 2002 and the written statement was filed therein setting up a Will on 08.04.2007. Contending that the period of limitation would commence running from at least 08.04.2007, Mr.S.R.Raghunathan, would contend that the Original Petition filed on 09.12.2016 is clearly barred by limitation. This contention of the learned counsel is based on the premise that Art.137 of the Limitation Act , would apply to proceedings seeking Letters of Administration with will annexed.

5. Mr.S.R.Raghunathan, learned counsel appearing for the applicants would also rely upon the judgment of the Hon'ble Supreme Court in Kunvarjeet Singh Khandpur v. Kirandeep Kaur and Others , reported in 2008 (8) SCC 463 , wherein the Hon'ble Supreme Court had held that an Art.137 of the Limitation Act , would apply to proceedings under S.276 and S.278 of the Indian Succession Act , seeking grant of Letters of Administration. He would also rely upon the judgment of the Hon'ble Supreme Court in Krishan Kumar Sharma v. Rajesh Kumar Sharma , reported in 2009 (11) SCC 537 , wherein the Hon'ble Supreme Court reiterated the same position of law. Mr.S.R.Raghunathan, would also draw my attention to the judgment of Hon'ble Mr.Justice M.Srinivasan, as he then was, in Sakunthala v. Minor Vijayalakshmi & Others, reported in 1989 (2) LW 319. According to him, though the judgment of Hon'ble Mr.Justice M.Srinivasan, referred to above, was over ruled by a Division Bench of this Court in Jayalakshmi Ammal (Deceased) S.Krishnaswami (applicant), reported in 1990 (1) LW 337, in view of the judgment of the Hon'ble Supreme Court in Kunvarjeet Singh Khandpur v. Kirandeep Kaur, referred to supra, the view of Hon'ble Mr. Justice M.Srinivasan, should be taken to be affirmed by the Hon'ble Supreme Court. The learned counsel would also invite my attention to judgments of other High Courts on the question of Limitation. I do not deem it necessary, to refer to them inasmuch as the short question involved in this application is whether the Original Petition could be rejected as barred by limitation.

6. Contending contra Mr.S.William, learned counsel appearin