This appeal challenged an order framing a preliminary issue of limitation under Section 9A CPC. The High Court held that the law in Foreshore Co-op Society requires such issues to be framed, dismissing the appeal and the notice of motion as having no merit.
Notice of Motion and Appeal dismissed; prayer for stay rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION NOTICE OF MOTION NO.853 OF 2016 IN APPEAL (L) NO.7 OF 2016 IN NOTICE OF MOTION (L) NO.285 OF 2014 IN SUIT NO.609 OF 2014
Smt. Jadabibai Jhumarlal Jain (Mutha). .. Applicant In the matter of : Smt. Jadabibai Jhumarlal Jain (Mutha). .. Appellant Vs Madan Gulabchand Jain and Others. .. Respondents
Shri P.B. Shah i/b Shri K.P. Shah for the Applicant.
Shri Aspi Chinoy, Senior Counsel along with Ms. Jyoti Sinha i/b Negandhi Shah and Himayatullah for the Respondent No.19.
Ms. Tanmayi Rajadhyaksha i/b RMG Law Associates for the Respondent Nos.1, 2(a) to 2(c) and 3, 4, 6 and 7.
CORAM : A.S. OKA & P. D. NAIK, JJ DATED : 7TH APRIL 2016
P.C.
learned senior counsel appearing for the Respondent No.19. Even according to the case of the Applicant, there is a delay of 614 days in filing an Appeal and, therefore, the prayer in this Notice of Motion is for condonation of delay in preferring Letters Patent Appeal.
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impugned in the Appeal, the challenge is to the order made by the learned Single Judge on 2nd April 2014 by which a preliminary issue of limitation in exercise of powers under Section 9A of the Code of Civil Procedure, 1908 has been framed. It is an admitted position that only after an affidavit-in-lieu of the examination-in-chief was filed for the purposes of hearing of the preliminary issue and after the crossexamination was commenced that the present Appeal has been preferred.
1 (2015)6 SCC 412
2 AIR 2012 SC 1563
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decision in the case of Foreshore Co-operative Housing Society Limited.
(P. D. NAIK, J)
2 issues framed by the court
Whether an appeal is maintainable challenging the framing of a preliminary issue on limitation under Section 9A of the Code of Civil Procedure.
Whether the delay in preferring the appeal constitutes condonation-worthy delay.
Colour shows how this judgement treated each authority
Ashok Sadarangani and Another v. Union of India and OthersReferred¶4
AIR 2012 SC 1563 · Who else cites this
1 provisions across 1 enactments
Smt. Jadabibai Jhumarlal Jain (Mutha)
Madan Gulabchand Jain and Others
A.S. OKA
P. D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
