Section 9a of civil procedure code. mharashtra state amendment
sandeep rane
(Querist) 15 June 2015
This query is : Resolved
Respected Membars,
Maharashtra- After section 9 insert the following section 9A.
“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-
As per the above section, Can objection regarding limitation be treated as preliminary issue ?
Thank you.
J K Agrawal
(Expert) 15 June 2015
Objection of Limitation is indeed objection of jurisdiction itself.
The objection of limitation is sustainable under section 3 of the limitation act so it does not require support of section 9A of CPC.
Even it is duty of the court to take initial check over limitation before registering the case and it is mandatory under section 3.
