https://www.taxtmi.com/caselaws?id=307540 The Court upheld the trial Court's decision to frame a preliminary issue regarding jurisdiction under section 9A of the Code of Civil Procedure, 1908 in a suit for specific performance. The Court found that parties are allowed to lead evidence in support of their contentions when deciding a preliminary issue, distinguishing a previous case where both parties had agreed not to do so. As both parties would have an opportunity to present evidence on the issue of maintainability before a final decision, the Court dismissed the writ petition challenging the trial Court's order. en-us Wed, 19 Dec 2012 00:00:00 +0530 Thu, 20 Apr 2023 16:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307540 The Court upheld the trial Court's decision to frame a preliminary issue regarding jurisdiction under section 9A of the Code of Civil Procedure, 1908 in a suit for specific performance. The Court found that parties are allowed to lead evidence in support of their contentions when deciding a preliminary issue, distinguishing a previous case where both parties had agreed not to do so. As both parties would have an opportunity to present evidence on the issue of maintainability before a final decision, the Court dismissed the writ petition challenging the trial Court's order. Case-Laws Indian Laws Wed, 19 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307540