Section 9-A jurisdictional objection must be decided first before interim relief, with a separate preliminary issue determination.

Where section 9-A of the Code of Civil Procedure applies, a jurisdictional objection must be framed and decided as a preliminary issue before interim relief is considered, because the jurisdiction inquiry is a separate determination with finality for the suit, unlike the prima facie assessment governing interlocutory relief. A composite hearing cannot dispense with this statutory sequence, and the parties must have notice that evidence may be led on jurisdiction. The court found non-compliance with section 9-A, set aside the impugned order, and remitted the matter for fresh decision in accordance with law.

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Issues: Whether an objection to jurisdiction under section 9-A of the Code of Civil Procedure, 1908 must be framed as a preliminary issue and decided before the Court proceeds to decide an application for interim relief.

Analysis: Section 9-A contemplates a distinct determination of the jurisdictional objection as an issue in the suit, with notice to the parties that evidence may be led on that point. The inquiry into jurisdiction is materially different from the summary consideration involved in an application for interim relief under Order 39 Rule 1 of the Code of Civil Procedure, 1908. A jurisdictional issue has finality for the suit, whereas interim relief is ordinarily decided on a prima facie assessment. The absence of a framed issue deprived the parties of the opportunity to understand and meet the point in the manner required by the provision. The Court further held that a mere composite hearing cannot dispense with the statutory requirement that the jurisdictional issue be determined first.

Conclusion: The requirement of section 9-A was not complied with, and the trial court's simultaneous disposal of the jurisdictional objection and the interim relief application was unsustainable.

Final Conclusion: The revision succeeded, the impugned order was set aside, and the matter was remitted for a fresh decision after framing and deciding the jurisdictional issue in the manner required by law.

Ratio Decidendi: Where section 9-A of the Code of Civil Procedure, 1908 applies, the objection to jurisdiction must be framed and decided as a preliminary issue before adjudicating interim relief, because the jurisdictional inquiry is a separate and mandatory determination with consequences distinct from a prima facie interlocutory order.

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