By Sachin Mandlik, Pranav Sampat, Haabil Vahanvaty
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.