Section 9A of Civil Procedure Code
Section 9A of the Civil Procedure Code, 1908 ("the
Code") was inserted vide Code of Civil Procedure
(Maharashtra Amendment) Act, 1970. Since the Code falls under Entry
13 of the Concurrent List provided in the Seventh Schedule of the
Constitution of India, the Code may be amended by the state
legislatures and in exercise of its powers, the state of
Maharashtra added Section 9A into the scheme of the Code. However,
in 1976, the Code was extensively amended by the Code of Civil
Procedure (Amendment) Act, 1976 by the Parliament. By virtue of
Section 97 the aforesaid Amendment, all amendments made by state
legislatures before the commencement of the Amendment Act were
repealed to the extent of their inconsistency to the Amendment Act.
Consequently, the State Legislature re-enacted Section 9A vide Code
of Civil Procedure (Maharashtra Amendment) Act, 1977 with the
assent of the President of India in accordance with Article 254(2)
of the
