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Nusli Neville Wadia v. Ivory Properties

Special Leave Petition (Civil) · 2019 INSC 1138Decided 4 Oct 2019
Special Leave Petition (Civil) Nos. 31982-31983 of 2013
Justice Arun Mishra · Justice M.R. Shah · Justice B.R. Gavai

Background

This judgment answers a legal reference; it does not decide the petitions themselves. The question was whether "jurisdiction" in Section 9A of the CPC, as amended in Maharashtra, includes the question of limitation, so that limitation must be decided as a preliminary issue.

Decision Breakdown

This is not a final judgment in the petitions. The three-judge bench held that jurisdiction to entertain a suit under Section 9A is different from errors in exercising jurisdiction and does not include limitation. It overruled Foreshore Cooperative Housing Society v. Praveen D. Desai and upheld Kamalakar Eknath Salunkhe. The matters were sent to an appropriate bench for decision on merits.

Lesson Learnt

In Maharashtra, limitation need not be decided as a preliminary issue of jurisdiction under Section 9A CPC.

Official source (sci.gov.in)View Judgment (PDF)

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