382 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- It can be raised for the first time in appeal
38 Mad. 374
36 Cal. 920
38 Cal. 512
38 Bom. 709 (714),
- It can be raised in appeal even though it was abandoned in the trial Court.
3 All. 846 (848).
- It can be raised before the Privy Council although it had been abandoned in the Courts below.
36 I A. 210.
- This is subject to the proviso that when it is raised in the appeal stage Court will not allow it if the facts on record are not sufficient for its decision and if it involves a further inquiry into facts.
57 Cal. 114.