K.Lubna vs Beevi on 13 January, 2020
17. We are unable to accept the said contention. It is a well settled
principle that a pure question of law which goes to the root of the matter can
12/25
https://www.mhc.tn.gov.in/judis
O.S.A.No.49 of 2021
be raised and decided at any stage of the proceedings, provided the relevant
facts necessary for deciding such question are already available on record.
The Hon’ble Supreme Court in K.Lubna v. Beevi, reported in (2020) 2 SCC
524, has held that when the relevant facts are already on record, a pure
question of law can be examined even at the appellate stage. It has been
observed as follows:-