Thus, the position of law is that relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under
Section 12(3) of the Act was, therefore, rightly not rejected by
the High Court on the simple ground that it was not made at the
trial stage and had been made for the first time at the appellate
stage. In our view the claim can also not be rejected on the short
ground that it was not incorporated in the plaint or was not set
forth in writing before the Trial Court. [See: Ram Niwas v. Smt.
Omkari and another : AIR 1983 All 310] {Para 21}
REPORTABLE
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
Petition for Special Leave to Appeal (C) No.25246/2023
VIJAY PRABHU Vs S.T. LAJAPATHIE & ORS.
