THE LAW OF LIMITATION 387
(iii) With regard to applications, different kinds of applications are enumerated in the different articles in the Schedule. As in the case of articles relating to suits there is also an Article 181 for applications for which no period of limitation is prescribed elsewhere in the schedule or by section
48 of the C. P. C. But almost all High Courts have held that the operation of this Act is to be restricted to applications under the C. P. C. only. That being so it is clear that the Limitation Act does not apply to all applications. For instance it does not apply to :
(i) Applications for the grant of probate letters of administrations succession certificates.
(ii) Applications under the Rules of the High Court
32 Bom. 1
48 Cal. 817
46 Cal. 249.
(iii) Applications under a Local or Special Act (unless such Act provides for it).
These not being matters dealt with by the C. P. Code.
In respect of persons
The general rule is that the plea of limitation applies to every Plaintiff.
Originally, limitation did not apply to the Crown when it sued as a Plaintiff, on the ground that lapse of time did not affect the Crown. This maxim of Constitutional Law although it governs criminal prosecutions has been negatived so far as civil proceedings by the Crown are concerned by Article
149 of the Limitation Act which applies to every kind of suit brought by Government, and prescribes 60 years as the timelimit. Suits against Government must be brought within the ordinary time-limits.
15 Mad. 315.
Similarly, suits by private persons claiming through Government are also subject to the ordinary time-limit prescribed by the Act. This was always the rule. It was not always the rule for Government to bring a suit within any prescribed time. This