Article 137 applies to letters of administration petitions, with limitation running from the date the right to apply accrues.

A petition for probate or letters of administration filed before a civil court under the Indian Succession Act is governed by Article 137 of the Limitation Act, 1963 because no other limitation period is provided. The right to apply accrues when the cause for seeking letters of administration arises, and limitation runs from that date. On the facts stated, the right accrued when earlier probate proceedings were withdrawn on 9.8.1999, and the petition filed within three years was therefore within time. The appeal on limitation failed, and the order upholding maintainability of the petition for letters of administration was sustained.

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Issues: (i) Whether Article 137 of the Limitation Act, 1963 applies to a petition for grant of letters of administration under the Indian Succession Act, 1925. (ii) Whether the petition for grant of letters of administration was filed within the prescribed period of limitation.

Issue (i): Whether Article 137 of the Limitation Act, 1963 applies to a petition for grant of letters of administration under the Indian Succession Act, 1925.

Analysis: Article 137 applies to any application made to a civil court under any Act where no other period of limitation is provided. A petition for probate or letters of administration filed before the District Judge under the Indian Succession Act is such an application. The proceeding is not excluded from Article 137 merely because it seeks recognition of a testamentary duty rather than enforcement of an ordinary adversarial claim.

Conclusion: Article 137 applies to a petition for grant of letters of administration.

Issue (ii): Whether the petition for grant of letters of administration was filed within the prescribed period of limitation.

Analysis: The right to apply accrued when the earlier probate proceedings were withdrawn on 9.8.1999. The petition for letters of administration was filed within three years from that date, which satisfied Article 137.

Conclusion: The petition was filed within time.

Final Conclusion: The appeal failed on limitation, and the order upholding maintainability of the petition for letters of administration was sustained.

Ratio Decidendi: A petition for probate or letters of administration filed before a civil court under the Indian Succession Act is governed by Article 137 of the Limitation Act, 1963, and limitation runs from the date on which the right to apply accrues.

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