Plea of maintainability cannot be raised at later stage


hello respected members,

I need a judgment and the specific provision which says that the plea of maintainability cannot be taken at a later stage of the suit or after the trial has commenced.

Any related information will be deeply appreciated.

Thanks in advance!

 
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First clarify ur view for what purpose plea of maintenance and ur views are entirely hiding
 
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Advocate & Solicitor at Law

The law is very clear on this. In case the plea is wrt the terirtorial or the pecuniary jurisdiction, then the said plea has to be taken at the earliest and in all cases where issues are yet to be framed. If not taken the same cannot be pleaded as grounds of appeal . However the objection can be raised even at a belated stage of the same trial as the court has poiwer under order 14 rulew 5 to frame additional issues. If however the objection is wrt to the maintainibility of the suit from the point of view of subject matter jurisdiction, then the concertned objection under order 7 rule 11 c an be taken at sny stage. SOrry the law is against you

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