The High Court dismissed the revision application challenging an order rejecting an application under section 9A of the CPC. The court held the provision was repealed and thus the application was not maintainable.
The revision application was dismissed as non-maintainable due to the repeal of section 9A CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
APPELLATE SIDE
CIVIL REVISION APPLICATION NO.239 OF 2003
Ulhasnagar Municipal Corporation .. Applicant
versus
Shri Shiv Shakti Builders &
Developers .. Respondent
...
Mr.Vijay Patil for the applicant.
Ms.Gauri Godse for the respondent.
CORAM : D.G. KARNIK, J
DATED : 13th April 2007.
P.C.:
1. Heard learned counsel for the parties.
2. By this Application, revision applicant
challenges the order dated 17th February 2003 passed
2
by the learned Civil Judge, Sr. Division, Kalyan
rejecting the application made by the revision
applicant under section 9A of the Code of Civil
Procedure and rejecting the revision applicant’s
contention that it had no jurisdiction and try the
suit.
3. In Solapur Social Urban Co-operative Bank
Ltd. Vs. Nigam A. Mannan Beskar & ors. reported
in 2006(4) Bom.C.R. 217, I have held that section 9A
of the Code of Civil Procedure stands repealed by
reason of the Code of Civil Procedure (Amendment) Act
1999 Central Act 46 of 1999 and the Code of Civil
Procedure (Amendment) Act, 2002 (Central Act 22 of
2002).
4. As the Maharashtra Amendment introducing
section 9A of the Code of Civil Procedure itself
stood repealed, application under section 9A of the
C.P.C itself was not maintainable. In the
circumstances, there is no merit in the Revision
Application which is accordingly dismissed.
3
(D.G. KARNIK, J)
1 issue framed by the court
Whether the revision application under section 9A of the Code of Civil Procedure is maintainable after its repeal by amendment Acts.
Colour shows how this judgement treated each authority
Solapur Social Urban Co-operative Bank Ltd. Vs. Nigam A. Mannan Beskar & ors.Referred¶14
Solapur Social Urban Co-operative Bank Ltd. Vs. Nigam A. Mannan Beskar & ors. reported in 2006(4) Bom.C.R. 217 · Who else cites this
Ulhasnagar Municipal Corporation
Shri Shiv Shakti Builders & Developers
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court