Civil Procedure Code, 1908, Section 9A -- (As in Mah.), O.14.R.2 - Preliminary issue - Mixed question of law and fact cannot be decided as a preliminary issue - Question as to whether proceedings are barred by law of limitation is a mixed question of law and fact and thus, cannot be decided as a preliminary issue u/s 9-A of CPC...........
Civil Procedure Code, 1908, Section 9A(2), 9A(1) -- Ad-interim relief - During consideration of preliminary issue - During pendency of notice of motion before High Court, ad-interim relief sought cannot be granted...........
Civil Procedure Code, 1908, Section 9A, Civil Procedure Code, 1908, Order 14, Rule 2 -- S.9-A makes a complete departure from the procedure provided U.O.14.R.2 CPC - Express mandate of provision of S.9-A of the Code is to decide the issue relating to jurisdiction of Court as a preliminary issue notwithstanding the provision contained in O.14.R.2 CPC - However, in other..........
Civil Procedure Code, 1908, Section 9A -- As in Maharashtra - Provision of S.9-A (As in Maharashtra) CPC is a valid legislation...........
Civil Procedure Code, 1908, Section 9A(As - - Scope - By reason of insertion of S.9-A CPC in Maharashtra, Court is now required to decide the issue of jurisdiction at the time of granting the relief or considering the application for vacating the interim relief...........
Civil Procedure Code, 1908, Section 9A, Order 14, Rule 1, 2 -- Bar of limitation u/s 9-A (As in Mah.) CPC - To be decided as a preliminary issue...........
Civil Procedure Code, 1908, Section 9A -- Issue of Jurisdiction - Held, when an issue of jurisdiction is raised, the said issue has to be decided at the threshold - The issue of jurisdiction as is well settled encompasses within itself the issue as regards (a) territorial jurisdiction; (b) pecuniary jurisdiction; and (c) the jurisdiction relating to considering the subject..........
Civil Procedure Code, 1908, Section 9A -- Jurisdiction - Whether certain defendants can be joined or have been wrongly joined to the suit is not an issue which would be within the domain of the trial Court whilst deciding the jurisdictional issue raised u/s 9-A CPC...........
Civil Procedure Code, 1908, Section 9A, Order 14, Rule 2 -- Preliminary issue - Jurisdiction - Goes to the root of the matter - Must be decided as preliminary issue at initial stage - Court to render decision on the preliminary issue even by permitting the parties to lead evidence, if necessary...........
Civil Procedure Code, 1908, Section 9A(As - - Preliminary issue - Jurisdiction of Court - Held, S.9-A requires the Court to decide an issue relating to jurisdiction of Court if raised by any of the parties to the suit or before hearing of an application for interim injunction...........
