Limitation Is Not a Jurisdiction Issue Under Section 9A CPC: SC

Nusli Neville Wadia Vs Ivory Properties & Ors. (Supreme Court of India) The Supreme Court considered a reference arising from conflicting interpretations of Section 9A of the Code of Civil Procedure, 1908, as inserted through the Maharashtra Amendment Acts of 1970 and 1977. The issue before the Court was whether the expression “jurisdiction of the Court to entertain such suit” under Section 9A included questions of limitation and whether limitation could be decided as a preliminary issue while considering interim relief applications. The reference was made because one decision had held...