Supreme Court · 2019 INSC 1138 · Decided 4 October 2019

Nusli Neville Wadia v. Ivory Properties & ORS.

Court
Supreme Court of India
Citation
2019 INSC 1138 · [2019] 15 S.C.R. 795
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 31982/2013
Decided
4 October 2019
Bench
ARUN MISHRA, M.R. SHAH, BHUSHAN RAMKRISHNA GAVAI (3-judge bench)
Outcome
Reference answered
Case type
Civil
Acts & sections cited
CPC Section 9A; Limitation Act Section 27, 3

Headnote

Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) - Jurisdiction - Preliminary issue of limitation - Held: Issue of limitation cannot be decided as preliminary issue - The decision in Kamlakar Shantaram has been correctly decided and incurium as held in Foreshore Cooperative Housing Society Limited. Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) - Jurisdiction - Under the provisions of s.9A and Order XIV Rule 2, it is open to decide preliminary issues if it is purely a

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