Limitation as a jurisdictional objection must be decided first as a preliminary issue under section 9-A.

Where a limitation objection is raised as going to jurisdiction under section 9-A of the Code of Civil Procedure, 1908, the court must frame and decide it at the threshold as a preliminary issue. The Bombay High Court applied the Division Bench view that section 9-A is intended to prevent multiplicity of proceedings and requires jurisdictional objections raised at the stage of interim relief to be determined first. It rejected the contention that the issue could not be examined because it involved mixed questions of law and fact, holding that a plea that the suit is barred by limitation directly affects the court's competence to proceed on the merits.

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Issues: Whether an objection that the suit is barred by limitation must be framed and decided as a preliminary issue under section 9-A of the Code of Civil Procedure, 1908, and whether limitation in such a case goes to the jurisdiction of the court.

Analysis: Section 9 of the Code confers jurisdiction over civil suits unless cognizance is expressly or impliedly barred, and section 9-A, as introduced by the Maharashtra amendment, requires an objection to jurisdiction raised at the stage of interim relief to be determined as a preliminary issue. The Court followed the Division Bench view that the object of section 9-A is to avoid multiplicity of proceedings and that, when jurisdiction is questioned, the court must first frame and decide that issue. It rejected the contrary view that a mixed question of law and fact cannot be examined at that stage. The Court further held that a plea that the suit is barred by limitation directly affects the court's competence to proceed to the merits and should be decided at the threshold.

Conclusion: The objection as to limitation had to be framed as a preliminary issue and decided first.

Final Conclusion: The revision succeeded, the order of the trial court was set aside, and the trial court was directed to decide the limitation objection as a preliminary issue in accordance with law.

Ratio Decidendi: Where a limitation objection is raised as going to jurisdiction under section 9-A of the Code of Civil Procedure, 1908, the court must frame and decide it at the earliest as a preliminary issue, even if it involves mixed questions of law and fact.

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