Plea Of Maintainability Cannot Be Raised For First Time In Appeal, Revision Or Art.227 Proceedings : SC [Read Judgment]

Manu Sebastian

8 Feb 2019 5:42 PM IST

  • Plea Of Maintainability Cannot Be Raised For First Time In Appeal, Revision Or Art.227 Proceedings : SC [Read Judgment]

    Maintainability is a mixed question of fact and law, which has to be raised in the pleadings in original proceedings.

    The Supreme Court bench of Justices A M Sapre and Dinesh Maheswari found fault with a judgment of Allahabad High Court for setting aside an eviction order on the ground of maintainability, which was raised for the first time in HC in proceedings under Article 227 of the Constitution of India."it is a settled law that if the plea is not taken in the pleadings by the parties and no issue on...

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