In Jai Ram Vs. Som Prakash & Anr. etc., 2025 INSC 227, the Hon’ble Supreme Court chided the High Court for setting-aside a reasoned order of the District Court on the ground of limitation when the issue of limitation was never pleaded, raised or evidence for the same led before the District Court. The underlying dispute revolved around rival wills, wherein the Appellant found about the grant of letters of administration issued way back in the year 1999, only in 2013 and thereafter filed application for its revocation before District Court in 2016, which was allowed on merits. On Appeal, the Respondent who had raised no whisper of limitation, suddenly sprang the issue of limitation as a weapon before the High Court, which allowed the appeal and set aside the order. This compelled the Supreme Court to intervene and call out the error, setting-aside the order of High Court and remanded the appeals to be considered afresh purely on merits without going into the question of limitation.
