Supreme Court of India · 2015-04-08
Foreshore Co-Op.Hng.Society Ltd vs Praveen D Desai (D) Thr.Lrs. & Ors
- Citation / case number
- AIR 2016 SC (CIV) 999
- Court
- Supreme Court of India
- Petitioner
- Foreshore Co-Op.Hng.Society Ltd
- Respondent
- Praveen D Desai (D) Thr.Lrs. & Ors
- Author
- M. Y. Eqbal
- Bench
- Kurian Joseph, M.Y. Eqbal
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 9A CPC, as amended by the Maharashtra Amendment Act 1977, in relation to Order XIV Rule 2 CPC. The Court held that the issue of limitation can be treated as a preliminary issue under Section 9A, affirming the need for clarity on whether a suit is barred by limitation before proceeding with the merits. The appeals were decided in favor of the appellants, allowing the preliminary issue regarding limitation to be framed and tried accordingly.