Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2015

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.

Foreshore Co-Op.Hng.Society Ltd vs Praveen D Desai (D) Thr.Lrs. & Ors · Niyam