https://www.taxtmi.com/caselaws?id=290520 Section 9A CPC, as applied in Maharashtra, was construed narrowly to concern only the court's threshold competence to receive and try a suit, not a merits-based objection such as limitation or other statutory bars. A suit barred by limitation is not, for that reason alone, outside the court's jurisdiction to entertain. Mixed questions of law and fact cannot be decided as preliminary issues under Section 9A, because no evidence is contemplated at that stage. The earlier view in Foreshore Cooperative Housing Society Limited was disapproved, and the view in Kamalakar Eknath Salunkhe was approved. en-us Fri, 04 Oct 2019 00:00:00 +0530 Thu, 14 Nov 2024 10:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290520 Section 9A CPC, as applied in Maharashtra, was construed narrowly to concern only the court's threshold competence to receive and try a suit, not a merits-based objection such as limitation or other statutory bars. A suit barred by limitation is not, for that reason alone, outside the court's jurisdiction to entertain. Mixed questions of law and fact cannot be decided as preliminary issues under Section 9A, because no evidence is contemplated at that stage. The earlier view in Foreshore Cooperative Housing Society Limited was disapproved, and the view in Kamalakar Eknath Salunkhe was approved. Case-Laws Indian Laws Fri, 04 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290520