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Abhay Nevagi & Associates

2015: 5 significant judgments, 5 good laws, 5 things to look forward to in 2016

While discussing the ambit of Section 9A of the Code of Civil Procedure (CPC) (as amended by Maharashtra Amendment Act) in deciding the issue of jurisdiction of the court, the Supreme Court, in the case of Foreshore Co-operative Housing Society Limited and Ors. vs Praveen D. Desai and Ors. ruled that Section 9A is mandatory in nature and was included with the intention to decide the issue relating to jurisdiction of the court as a preliminary issue notwithstanding the provision contained in Order XIV Rule 2 of the CPC.