Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006
13. Learned counsel for the respondents places reliance on various
judgments where it has been held that no new plea can be taken when the same
was not agitated before the Trial Court. They are 'Central Indian Machinery
Manufacturing Co. Ltd. vs. State of M.P. and another' 1997(9) SCC 475,
'R.K.Khandelwal vs. State of U.P. and others' 1981 AIR (SC) 1673, 'M/s
BSN Joshi and Sons Ltd. vs. Nair Coal Services Ltd.' 2006(11) SCC 548
and 'Kishori Lal vs. Sales Officer, District Land Development Bank and
other' 2011(7) RCR (Civil) 233.