FORESHORE CO-OP.HNG.SOCIETY LTD. vs PRAVEEN D DESAI (D) THR.LRS. .

The Supreme Court addressed the interpretation of Section 9A of the Code of Civil Procedure (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 must be treated as a preliminary issue under Section 9A CPC, thereby allowing the trial court to determine the maintainability of the suit before proceeding further. The appeals were allowed in part, setting aside the Bombay High Court's orders that dismissed the suits on grounds of limitation without addressing the preliminary issue as mandated by Section 9A CPC.