Limitation Act Article 137 does not govern probate and letters of administration proceedings seeking court recognition of testamentary duty.

Article 137 of the Limitation Act, 1963 does not apply to proceedings for grant of probate or letters of administration, with or without the will annexed. Probate and administration petitions are not applications in the legal sense for enforcing or securing a claim against an opposite party; they are proceedings seeking the court's recognition to enable performance of a testamentary duty. The Madras High Court therefore rejected the attempt to bring such testamentary proceedings within the residuary limitation period and held that the cited Supreme Court decision on Article 137 did not govern this question.

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Issues: Whether Article 137 of the Limitation Act, 1963 applies to proceedings for grant of probate or letters of administration with or without the will annexed.

Analysis: Article 137, though residuary in form, was construed in the context of the Limitation Act scheme and the nature of proceedings contemplated as applications to a court. The Court held that probate and letters of administration proceedings are not applications in the legal sense for settling or securing a claim against an opposite party, but proceedings seeking recognition from the court to perform a testamentary duty. The reasoning also distinguished the Supreme Court decision on Article 137, holding that it did not govern this question, and rejected the application of the provision to these testamentary proceedings.

Conclusion: Article 137 of the Limitation Act, 1963 does not apply to proceedings filed for grant of probate or letters of administration with or without the will annexed.

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