India: Objections To Jurisdiction Will No Longer Be Decided As A Preliminary Issue

Last Updated: 9 July 2018
Article by Sachin Mandlik, Pranav Sampat and Haabil Vahanvaty

Most Read Contributor in India, August 2019

The Governor of Maharashtra promulgated the Code of Civil Procedure (Maharashtra Amendment) Ordinance, 2018 (Ordinance) on 27 June 2018 to amend the Code of Civil Procedure, 1908 (Code) by deleting Section 9A of the Code in its application to the State of Maharashtra. The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.


Section 9A of the Code provides that at any hearing of an application for the grant or setting aside of an order granting interim relief in a suit, if an objection to the jurisdiction of the Court is taken by any of the parties to the suit, the Court is required to determine the issue of jurisdiction before granting or setting aside the order granting interim relief. This section was introduced in the State of Maharashtra and made applicable to with effect from December 1977.

Provisions of the Ordinance

The Ordinance deletes Section 9A of the Code in its application to the State of Maharashtra with immediate effect. Section 3 of the Ordinance goes on to lay down the following procedure for existing matters in relation to Section 9A –

Serial no

Matter Presently Pending

How to be dealt with post the Ordinance


Where consideration of a preliminary issue framed under Section 9A is pending

The preliminary issue under Section 9A shall be deemed to be an issue to be decided at the time of final disposal of the suit.


Evidence led by parties on the issue framed under Section 9A shall be considered by the Court along with evidence led on other issues in the suit.


Where a preliminary issue has been framed under Section 9A and the Court has decided that it has jurisdiction to entertain the suit and a challenge to this decision is pending before a revisional Court

The revision proceedings will stand abated.


Where a preliminary issue has been framed under Section 9A and the Court has decided that it has jurisdiction to entertain the suit; and an appeal from a decree in such suit is pending

Continuation of the appeal before the Appellate Court.

Any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the grounds of objection in the memorandum of appeal as if it was part of the memorandum of appeal.


Where the Court has held that it has no jurisdiction while deciding a preliminary issue under Section 9A and a challenge to such decision is pending before an appellate or revisional court

The appeal or revisional proceedings shall continue irrespective of the Ordinance


All cases where an order granting ad-interim relief has been passed by the Court in its power to grant interim relief as it considers necessary prior to determination of the preliminary issue of jurisdiction

Such order shall be deemed to be an ad-interim order under Order XXXIX of the Code.

The Court may confirm, modify or vacate the ad-interim order at the final hearing of the interim application.


Section 9A was introduced with the intent to prevent plaintiffs from misusing the relaxation provided for in Section 80 of the Code which provides that no suit can be instituted against the Government without the expiry of 2 months' notice in writing, unless urgent / immediate relief is sought. In such cases, Courts would grant an ad-interim injunction and adjournment to the plaintiff. The plaintiff would then issue notice to the Government and after expiry of the time, the plaintiff would withdraw the suit, file a fresh suit and seek continuation of the ad-interim injunction granted earlier.

In reality, numerous anomalies were created by the introduction of Section 9A of the Code which resulted in pendency of interim applications causing the trial of suits to be deferred indefinitely. It was often noticed that unscrupulous defendants would object to jurisdiction simply to delay the trial of the suit and wear out the plaintiff.

This is a welcome step by the Government in its effort to reduce the judicial backlog and streamline the trial of suits.

The intention of the Government in promulgating the Ordinance is reflected in the Statement appended to the Ordinance which refers to judicial decisions which lay down the procedure to be followed while deciding questions under Section 9A of the Code. The procedure to decide a Section 9A issue itself was cumbersome which resulted in significant delays. Numerous matters were stuck at the interim application stage with ad-interim relief remaining in place for several years till the question of jurisdiction was decided. Further, where questions of law and fact were to be answered in order to decide the preliminary issue of jurisdiction, the Court was required to conduct a trial to adjudicate the preliminary issue. Once the preliminary issue was decided in the affirmative, the Court would have to conduct another trial to actually adjudicate upon the dispute.

The Ordinance is likely to reduce a sizeable volume of existing interim applications before the Courts and hasten the trial and final adjudication of suits. This will benefit genuine litigants and speed up trials in all suits across Courts in the State of Maharashtra.

The content of this document do not necessarily reflect the views/position of Khaitan & Co but remain solely those of the author(s). For any further queries or follow up please contact Khaitan & Co at

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions