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ARTICLE · 09 JULY 2018

Objections To Jurisdiction Will No Longer Be Decided As A Preliminary Issue

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The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.

IndiaLitigation, Mediation & Arbitration
Sachin Mandlik
Sachin Mandlik
Pranav Sampat
Pranav Sampat
Haabil Vahanvaty
Haabil Vahanvaty
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The Governor of Maharashtra promulgated the Code of Civil Procedure (Maharashtra Amendment) Ordinance, 2018 (Ordinance) on 27 June 2018 to amend the Code of Civil Procedure, 1908 (Code) by deleting Section 9A of the Code in its application to the State of Maharashtra. The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.

Introduction

Section 9A of the Code provides that at any hearing of an application for the grant or setting aside of an order granting interim relief in a suit, if an objection to the jurisdiction of the Court is taken by any of the parties to the suit, the Court is required to determine the issue of jurisdiction before granting or setting aside the order granting interim relief. This section was introduced in the State of Maharashtra and made applicable to with effect from December 1977.

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