Whether Limitation Can Be Decided As A Preliminary Issue Under Section 9A Of The Code Of Civil Procedure

A full bench of the Supreme Court of India in its decision in Nusli Neville Wadia v. Ivory Properties & Ors., [SLP (Civil) Nos. 31982 – 31983 of 2013] held that under the provisions of Section 9A and Order XIV, Rule 2 of the Code of Civil Procedure ("CPC"), it is open to decide preliminary issues if it is purely a question of law and not a mixed question of law and fact.

Facts:

A reference to a Full Bench was made by the Division Bench of the Supreme Court on account of the divergence in views in two judgements of the apex court. In Kamalakar Eknath Salunkhe v. Baburav Vishnu Javalkar and Ors., (2015) 7 SCC 321, the apex court had opined that the issue of limitation cannot be decided as a preliminary issue of jurisdiction. It was opined that the word "jurisdiction" in Section 9A is used in a narrow sense as to maintainability, only on the question of inherent jurisdiction and does not contemplate issues of limitation. On the other hand, in Foreshore Cooperative H