https://www.taxtmi.com/caselaws?id=307540 In a suit for specific performance, a limitation objection raised in the context of interim relief could be treated as a preliminary issue on jurisdiction and maintainability under section 9A of the Code of Civil Procedure, 1908 as applicable in Maharashtra. The Court noted that such an issue may be framed and decided after both sides are given an opportunity to lead evidence. It distinguished the earlier Supreme Court decision because no pursis had been filed by both parties stating that no evidence would be led on the preliminary issue. As the impugned order only framed the issue and caused no prejudice, interference in writ jurisdiction was not warranted. 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 In a suit for specific performance, a limitation objection raised in the context of interim relief could be treated as a preliminary issue on jurisdiction and maintainability under section 9A of the Code of Civil Procedure, 1908 as applicable in Maharashtra. The Court noted that such an issue may be framed and decided after both sides are given an opportunity to lead evidence. It distinguished the earlier Supreme Court decision because no pursis had been filed by both parties stating that no evidence would be led on the preliminary issue. As the impugned order only framed the issue and caused no prejudice, interference in writ jurisdiction was not warranted. Case-Laws Indian Laws Wed, 19 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307540