Full text containing the act, Code of Civil Procedure, , with all the sections, schedules, short title, enactment date, and footnotes. THE CODE OF CIVIL PROCEDURE, (ACT NO. V OF ). [21st March, ]. 1. An Act to consolidate and amend the laws relating to the Procedure. Objections to jurisdiction. Power to transfer suits which may be institued in more than one Court. Code of Civil Procedure, [ V]. Page 1 of
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WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: . (1) This Act may be cited as the Code of Civil Procedure, (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original. THE CODE OF CIVIL PROCEDURE, ______. ARRANGEMENT OF SECTIONS. ______. PRELIMINARY. SECTIONS. 1. Short title, commencement and.
Short title and commencement. Amendment in section 3 of Act V of Omission of section 7 of Act V of Amendment in section 9 of Act V of Amendment in section 12 of Act V of Amendment in section 24 of Act V of Amendment in section 30 of Act V of
Amendment in section 91 of Act V of Amendment in section 92 of Act V of Substitution of section 95 of Act V of Amendment in section 97 of Act V of Substitution of section of Act V of Amendment in section of Act V of It is necessary further to amend the Code of Civil Procedure, V of for purposes of updating certain provisions of the Code. Be it enacted by Provincial Assembly of the Punjab as follows: 1. Judgment and decree. Execution of decrees passed by Courts in the reciprocating territory.
Explanation 1. Explanation 2. Since the Code falls under Entry 13 of the Concurrent List provided in the Seventh Schedule of the Constitution of India, the Code may be amended by the state legislatures and in exercise of its powers, the state of Maharashtra added Section 9A into the scheme of the Code.
By virtue of Section 97 the aforesaid Amendment, all amendments made by state legislatures before the commencement of the Amendment Act were repealed to the extent of their inconsistency to the Amendment Act.
Section 9A provided that where an application has been made for granting or setting aside an order granting any interim relief in a suit, if either of the parties challenge the jurisdiction of the Court to entertain the suit, the Court would have to decide the preliminary issue of jurisdiction before deciding the aforesaid application.
Why was Section 9A introduced? Theotonio Borges1.
In the aforesaid case, it was held by the Hon'ble High Court that in a case where the Applicant seeks an appointment of receiver under Order XL, Rule 1 of the Code, the Court assumes that the suit has been filed before the appropriate Court and proceeds on such an assumption.
Thus, it was held that an objection with respect to the jurisdiction of the Court to entertain the suit would not be maintainable in such proceedings.
After the pronouncement of the Institute Indo-Portuguese case, it became a common practice for Plaintiffs to institute suits against the Government in the trial court in Bombay without issuing notice under Section 80 of the Code. Since Section 80 of the Code required a notice of sixty days before institution of a suit against the Government, the Plaintiff would pray for urgent ad-interim reliefs which would be granted by the Court without deciding the question of jurisdiction.
Once the matter was adjourned, the Plaintiff would issue a notice to the Government and after the expiry of the period of the notice, the Plaintiff would withdraw the suit with liberty to file a fresh suit.
Once the fresh suit was filed, the Plaintiff would seek continuation of the ad-interim relief granted earlier. Why is Section 9A being deleted?
However, Section 9A has posed some difficult riddles for litigants. Once an issue is raised under Section 9A of the Code, the Court must decide the preliminary issue before deciding the motion. As a result, the motion remains pending indefinitely and further, there is a multiplicity of proceedings since the order on preliminary issue is challenged up to highest forum. In such circumstances, the state legislature has found it expedient to delete Section 9A of the Code.
What is the law today?