eliminate the unsettling influence of perpetual threats of litigation. Therefore, when a plea of limitation is taken, it is the duty of the Court to adjudicate upon its merits and decide whether the proceeding instituted before it was barred by time. The Hon'ble Single Judge failed to apply the ratio laid down by the Hon'ble Apex Court in the cases of Lynette Fernandes Vs. Mrs.Gertie Mathias, reported in ( 2018) 1 SCC 271 and Ramesh Nivrutti Bhagwat vs. Surendra Manohar Parakhe in Civil Appeal No.1399 of 2010 dated 04.10.2019. In the aforesaid decisions, the Hon'ble Apex Court has specifically laid down that for revocation of Probate, Article 137 of the Limitation Act is applicable. It was also laid down in the aforesaid decision that for the purpose of limitation under Article 137 of the Limitation Act, the probate operates from the date of its grant in proceedings for revocation of probate. Nowhere in the above decisions, the Hon'ble Apex Court has stated that the law declared by the Hon'ble Apex Court to be applied prospectively and will not apply to the pending applications. Therefore, there shall be no prospective overruling unless it is so indicated in the particular decision.
