Maintainability of suit - Litigating Hand

Annamalai vs. Vasanthi and Others [2025 INSC 1267]

Can plea regarding maintainability of the suit be raised for the first time at the appellate stage?

RELEVANT PARAGRAPH

31. From the aforesaid decisions what is clear is that though a plea regarding maintainability of the suit, even if not raised in written statement, may be raised in appeal, particularly when no new facts or evidence is required to address the same, the issue whether a declaratory relief is essential or not would have to be addressed on the facts of each case.

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