Punit Beriwala vs Raj Kumar Kapur Deceased And Others on 1 September, 2025
404. As held by The Hon'ble Supreme Court of India in Sangita
Sinha (supra), R.Kandasamy (supra), and I.S. Sikandar (supra),
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the Higher Courts, even at the appellate stage cannot be precluded
from examining the issue of maintainability even if an issue in respect
of the same was not framed during the Course of the Trial.