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Giga
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O 7, R 11

Fatima Begum vs Usman Mohammad. 115 (2013) CLT 42
B.N.Mahapatra,J.

Whether question of law not raised before the lower Court in the petition filed u/order 7 ,r 11 CPC
canbe raised in a revision petition? –Point of law which goes to the root of the case can be raised at any time –Even if a point of law was not raised in the court below – that does not preclude the parties to raise the same before the Appellate Court or revision Court for the first time.

So far as question No.(v) (Whether the question of law which has not been raised before the
Lower Court in the petition filed under Order 7, Rule 11, CPC can be raised before the High Court in a
revision petition?), is concerned, the law is no more res-integra that a point of law which goes to the root of the case can be raised at any time. Therefore, even if a point of law was not raised in the Court below that does not preclude the parties to raise the same before the Appellate Court or revision Court for the first time. (See Sk. Jamaitullah and others vs. Sk. Jayakatullah and others, 1996 (I) OLR 98).