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1 - 9 of 9 (0.67 seconds)Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Pandurang Dhoni Chougule vs Maruti Hari Jadhav on 26 April, 1965
The Division Bench has relied on
the judgment of the Constitution Bench of the Supreme
Court in the case of Pandurang D. Chougule v/s Maruti
H. Jadhav, reported in AIR 1966 SC 153 holding that the
plea of limitation is plea of law concerned with the
jurisdiction of the Court. Thereafter, the Division
The Code of Civil Procedure, 1908
Institute Indo-Portuguese And Ors. vs Theotonio Borges And Ors. on 7 January, 1958
ig in
The
mind, though
statement of
not for
objects and
construing
reasons
the
of
Maharashtra (Amendment) Act of 1969 recites -
'The effect of the judgment of the High Court
in Institute Indo Portuguese v/s Borges is
that the Bombay City Civil Court for the
purposes of granting interim relief cannot or
need not go into the question of jurisdiction.
Sometimes declaratory suits are filed in the
City Civil Court without a valid notice under
section 80 of the Code of Civil Procedure,
1908. Relying upon another judgment of the
High Court recorded on the 7th September 1961
in Appeal No.191 of 1960, it has been the
practice of the City civil Court to adjourn a
notice of motion for injunction in a suit
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filed without such valid notice, which gives
time to the plaintiff to give the notice.
After expiry of the period of notice, the
plaintiff is allowed to withdraw the suit with
liberty to file a fresh one. In the
intervening period, the Court grants an
ad-interim injunction and continues the same.
Section 3 in The Limitation Act, 1963 [Entire Act]
Official Trustee, West Bengal & Ors vs Sachindra Nath Chatterjee & Anr on 13 December, 1968
In Official Trustee
West Bengal and others v/s Sachindra Nath
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Chatterjee and another, the Court observed :
Foreshore Co-Operative Housing ... vs Shri Praveen D. Desai And Ors. on 6 May, 2004
is barred
The
by
question
the law
whether
of
an
limitation
objection
is an
that
objection
the suit
to
the jurisdiction of the Court for the purpose of section
9A of C.P.C. has been decided by the Division Bench of
this Court in its judgment in the case of Foreshore CHS
Ltd. v/s Shri Praveen D. Desai and ors., reported in
2008(6) All MR 600.
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