C. P. C.

Shah (Querist) 23 November 2016 This query is : Resolved
Plaintiff obtained injunction. Now defendant has raised objection on the ground of pecuniary jurisdiction. Issue framed. Can the court order that preliminary issue be decided at hearing of suit, and decide as preliminary issue.

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Shah (Querist) 23 November 2016
Court refuses to decide pecuniary jurisdiction as preliminary issue. Value of suit was more than 1 crore at the time of filling suit. Pending in city civil court , Bombay.

Rajendra K Goyal (Expert) 23 November 2016
How are you concerned with the query?

What is the opinion of concerned lawyer?

R.K Nanda (Expert) 23 November 2016
contact local lawyer.

Devajyoti Barman (Expert) 23 November 2016
Yes, since this issue hit at the root of jurisdiction the court can indeed frame preliminary issue.

Sankaranarayanan (Expert) 23 November 2016
yes i do agree with Mr Barman's point

Dr J C Vashista (Expert) 24 November 2016
Where is the case pending and what is the pecuniary limit of the Court? The court can proceed the case if it has jurisdiction, which is required to be clarified at the initial stage.

How are you concerned?

Rajendra K Goyal (Expert) 24 November 2016
Author is mum on the information sought.

In the given circumstances, agree with the expert Devajyoti Barman.

C. P. C.

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