TMI Blog2015 (1) TMI 1490X X X X Extracts X X X X X X X X Extracts X X X X ..... etermined as a preliminary issue by the Court. The expression jurisdiction in Section 9A is used in a narrow sense, that is, the Court's authority to entertain the suit at the threshold. The limits of this authority are imposed by a statute, charter or commission. If no restriction is imposed, the jurisdiction is said to be unlimited. The question of jurisdiction, sensu stricto, has to be considered with reference to the value, place and nature of the subject matter. The classification into territorial jurisdiction, pecuniary jurisdiction and jurisdiction over the subject-matter is of a fundamental character. Undoubtedly, the jurisdiction of a Court may get restricted by a variety of circumstances expressly mentioned in a statute, charter or commission. This inherent jurisdiction of a Court depends upon the pecuniary and territorial limits laid down by law and also on the subject-matter of the suit - The law of limitation operates on the bar on a party to agitate a case before a Court in a suit, or other proceedings on which the Court has inherent jurisdiction to entertain but by operation of the law of limitation it would not warrant adjudication. A perusal of the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ension that the Defendants Nos. 1 to 3 are intending to sell the suit schedule property, filed a Regular Civil Suit No. 472 of 2002 inter alia seeking permanent injunction restraining the Defendants Nos. 1 to 3 from alienating the suit property. During the pendency of the suit, the Defendants Nos. 1 to 3 sold the suit property in favour of the Defendants Nos. 4 to 6. In light of the said development, the Plaintiff filed an application before the Civil Judge (Junior Division), Pandharpur to permit him to withdraw the suit with liberty to file fresh suit for specific performance. The said application was allowed by the learned Civil Judge by order dated 15.09.2010. 4. Subsequently, the Plaintiff had filed Special Civil Suit No. 129 of 2011 for specific performance of the aforementioned agreement. Along with the suit the Plaintiff had filed an application for injunction restraining the Defendants Nos. 1 to 3 from alienating the suit schedule property to the third parties during the pendency of the suit. After service of notice, the Defendants Nos. 1 to 3 and Defendants Nos. 4 and 5 had filed respective applications inter alia requesting the Court that the issue of limitation which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief. Any such application shall be heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit. (2) Notwithstanding anything contained in Sub-section (1), at the hearing of any such application the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction. 10. Shri Vinay Navare, Learned Counsel for the Plaintiff, would submit that by way of a State amendment, Section 9A has been inserted in the Code, which provides that if an objection as to the jurisdiction of the Court is taken in the course of proceedings in an interim application, the Court ought to decide the said issue of jurisdiction as a preliminary issue before proceeding with the merits of the application. He would submit that since the scope for framing of preliminary issue by the Court is limited to the question of jurisdiction only, by virtue of the aforesaid state amendment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (see per Diplock, J., at p. 394 in the Anisminic case)... (emphasis supplied) 16. The expression jurisdiction in Section 9A is used in a narrow sense, that is, the Court's authority to entertain the suit at the threshold. The limits of this authority are imposed by a statute, charter or commission. If no restriction is imposed, the jurisdiction is said to be unlimited. The question of jurisdiction, sensu stricto, has to be considered with reference to the value, place and nature of the subject matter. The classification into territorial jurisdiction, pecuniary jurisdiction and jurisdiction over the subject-matter is of a fundamental character. Undoubtedly, the jurisdiction of a Court may get restricted by a variety of circumstances expressly mentioned in a statute, charter or commission. This inherent jurisdiction of a Court depends upon the pecuniary and territorial limits laid down by law and also on the subject-matter of the suit. While the suit might be barred due to non-compliance of certain provisions of law, it does not follow that the non-compliance with the said provisions is a defect which takes away the inherent jurisdiction of the Court to try a suit or pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at it does not have jurisdiction vested in it in law, then no further enquiry is needed and saves a lot of valuable judicial time. 20. A perusal of the Statement of Object and Reasons of the Amendment Act would clarify that Section 9A talks of maintainability only on the question of inherent jurisdiction and does not contemplate issues of limitation. Section 9A has been inserted in the Code to prevent the abuse of the Court process where a Plaintiff drags a Defendant to the trial of the suit on merits when the jurisdiction of the Court itself is doubtful, 21. In the instant case, the preliminary issue framed by the Trial Court is with regard to the question of limitation. Such issue would not be an issue on the jurisdiction of the Court and, therefore, in our considered opinion, the Trial Court was not justified in framing the issue of limitation as a preliminary issue by invoking its power Under Section 9A of the Code. The High Court has erred in not considering the statutory ambit of Section 9A while approving the preliminary issue framed by the Trial Court and thus, rejecting the writ petition filed by the Appellant. 22. In light of the aforesaid, we take exception to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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