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Judgment
Abdul Hadi, J.—This original petition is for grant of Letters of administration with the registered will dated 15-6-1977 annexed, which was executed by the deceased V.S. Ranganatha Chariar, who died on 9-12-1981, leaving three daughters, one of whom is the petitioner, who is the sole legatee under the will. The said other daughters have filed consent affidavits. Attestator's affidavit has been filed. All the other formalities have also been complied with. None has entered caveat.
However, since the deceased died in 1981 itself, I had a doubt whether the petition was out of time and whether Article 137 of the Limitation
Act would apply in view of the decision reported in The Kerala State Electricity Board, Trivandrum Vs. T.P. Kunhaliumma, , holding that the said
Article would apply to any petition or application filed under any Act and need not necessarily be a petition for application filed under the Civil
Procedure Code, alone, as was the case in the corresponding residuary Article under the old Limitation Act. So Article 137 would apply to a petition for Probate or Letters of Administration under the Indian Succession Act. But, the learned Counsel for the petitioner drew my attention to the decision reported in Ramanand v. Paramanand AIR 1982 Pat. 88, wherein it was held that though Article 137 applies, the time would not begin to run under the said Article in the case of a petition for grant of probate or Letters of Administration, because in such a case, right to apply accrued every day and the cause of action for the application arises every moment so long as the Will remains unprobated. Therefore, the limitation question will not arise in such a petition or application for Probate or Letters of Administration. A similar decision reported in the matter of Estate
Gurucharandas Puri AIR 1987 P&H 122, was also brought to may notice. In view of these decisions, I hold that the limitation question would not
arise in such a case.
In the circumstances, issue Letters of Administration with the said will annexed in favour of the petitioner, on her executing a bond for Rs. 5,000
with one surety for a like sum.