- It has been the consistent practice of this Court that a legal point can be allowed to be argued for the first time in this Court even if the same has not been raised in the written statement nor argued before the High Court — Point of non-impleadment of necessary party which goes to the root of the case allowed to be argued. M. Shafi Nazami v. Abdul Shakoor and others 2003 SCR 12 (B)
- Plea was never urged or argued before the High Court — Plea was not even raised in the memo of appeal before this Court nor any permission was sought from this Court to argue the point, the same cannot be allowed to be raised for the first time during the arguments in this Court. Ali Begum and 10 others v. Noor Hussain Khan 2003 SCR 30 (B)
- Point never agitated or argued before the High Court nor does it find mention in the judgment of High Court, cannot be allowed to be raised. Tariq Aziz v. Azad Govt. & 3others 2003 SCR 158 (E) (2001 SCR 481 rel)
- Point was not pressed before High Court nor there is any affidavit that point was pressed but same was not resolved – Cannot be allowed to be raised for the first time. M. Latif v. BISE Mirpur & 4 others 2003 SCR 229 (A) 2003 SCR 158 & 2000 SCR 36 rel.
- Raising of — before Supreme Court — So for as the argument of the learned counsel for the respondents that this point has not been raised in the written statement, is concerned, it has no substance as there is no bar on the Court to take notice of such like point which goes to the root of the case. Even such pure point of law which does not require any detailed investigation, can be raised at any stage. Zafar Iqbal Khan v. Ashiq H. 2016 SCR 1004 (B) 1997 SCR 389 rel.
- — if the pure legal question not raised in the Courts below, is raised in the petition for leave to appeal and in the concise statement, then the same may be raised during the course of arguments and the Court has to decide the same. Munshi Khan & others v. Mehboob Khan 2017 SCR 129 (F) 2000 SCR 273 rel.
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