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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