2012 (12) TMI 1235

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....pearing on behalf of the respective parties. By this writ petition filed under Article 227 of the Constitution of India, the Petitioner is challenging the legality and validity of the order of trial Court whereby preliminary issue regarding jurisdiction is framed under section 9A of the Code of Civil Procedure, 1908. The Petitioner filed suit in the year 2011 for the specific performance of agreem....

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....o of this decision. In a case before Apex Court, pursis was filed by both the sides to the effect that they do not want to lead evidence on preliminary issue. The Apex Court concluded that in order to decide the preliminary issue of limitation, evidence is required to be led. So far as the present case is concerned, no such prusis is filed by the parties. It is settled position of law that parties....