Limitation Article 137 applies to probate and letters of administration petitions before the District Judge under succession law.

Article 137 of the Limitation Act, 1963 applies to petitions for probate or letters of administration filed before the District Judge under the Indian Succession Act, 1925, because the District Judge acts as a civil court for this purpose and the residuary limitation provision extends to petitions or applications under any Act. A probate or letters application seeks recognition of the right to act in relation to the estate, and the right to apply is treated as continuing; testamentary proceedings are not excluded merely by their nature.

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Issues: Whether Article 137 of the Limitation Act, 1963 applies to a petition for grant of probate or letters of administration filed before the District Judge under the Indian Succession Act, 1925.

Analysis: Article 137 applies to any petition or application filed under any Act to a civil court, and the District Judge acting under the Indian Succession Act is a civil court for this purpose. A petition for probate or letters of administration is an application seeking recognition of the right to perform a duty in relation to the estate, and the right to apply is a continuing one. The mere nature of testamentary proceedings does not exclude them from the scope of the residuary limitation provision.

Conclusion: Article 137 of the Limitation Act, 1963 applies to petitions for grant of probate or letters of administration presented to the District Judge under the Indian Succession Act, 1925.

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