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Issues: Whether the objection that the suit was barred by limitation could be treated as an objection to jurisdiction so as to attract Section 9A of the Code of Civil Procedure, 1908, and whether the trial court was required to frame and decide it as a preliminary issue.
Analysis: Section 9A applies only where, at the hearing of an application for interim relief or for setting aside interim relief, an objection to the jurisdiction of the court to entertain the suit is taken. It is a departure from the general procedure under Order 14, Rule 2(2) of the Code of Civil Procedure, 1908, which permits a preliminary decision only on an issue of law relating to jurisdiction or a statutory bar. The objection raised in the present case was one of limitation, which did not amount to a jurisdictional objection. Further, the application itself did not satisfy the prerequisites of Section 9A, and the limitation question involved disputed facts requiring evidence. In these circumstances, the trial court rightly proceeded under Order 14, Rule 2(2) and declined to frame a preliminary issue.
Conclusion: The limitation objection was not a jurisdictional issue within Section 9A, and the trial court correctly refused to decide it as a preliminary issue.
Final Conclusion: The challenge to the trial court's order failed, and the revision was rejected.
Ratio Decidendi: An objection that a suit is barred by limitation is not, by itself, an objection to the jurisdiction of the court; Section 9A is attracted only to a true jurisdictional objection raised at the stage of an application for interim relief, and not to a mixed question of limitation requiring evidence.
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