Supreme Court · 2015 INSC 296 · Decided 8 April 2015
Foreshore Co-Operative Housing Society Limited v. Praveen D.DESAI (Dead) THR. LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2015 INSC 296 · [2015] 5 S.C.R. 1075
- Case number
- CIVIL APPEAL No. 7732/2011
- Decided
- 8 April 2015
- Bench
- M.Y. EQBAL, KURIAN JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9A; Limitation Act Section 3
Headnote
B c Code of Civil Procedure, 1908: s.9A [as inserted by CPC (Maharashtra Amendment) Act, 1977]- Scope of s. 9A vis-a-vis Order XIV r. 2 - Preliminary objection to the jurisdiction of Court to entertain a suit whether include an D objection with regard to /imitation- Held: Amendment Act is a complete departure from the procedure provided u/Order XIV r.2- Non obstante clause inserted by Maharashtra Amendment Act in s.9A and express mandate of the section is to decide the issue relating to jurisdiction of E the Court as a preliminary issue notwithstanding the
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