Stage to invoke power under Section 9-A of CPC

13. The power of the Trial Court to decide an issue of 

jurisdiction under Section 9-A of CPC can be invoked, only at the 

time of deciding an application for grant of interim reliefs, as 

contemplated by sub-section (1) therein. When such an objection 

is raised, the Court is obliged to decide an issue at that stage only, 

without proceeding to decide the suit on merits. Once the Court 

proceeds to decide the suit on merits and no objection is raised as 

to the jurisdiction of the Court while deciding the application for 

grant of interim reliefs, as contemplated therein, the power under 

sub-section (1) of Section 9-A cannot be invoked. This however,

does not preclude the Court from deciding such an issue raised in 

the written statement by invoking its discretionary power under 

Order XIV, Rules 2(a) and (b).

Stage to invoke power under Order VII, Rule 11(d) of CPC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.722 OF 2013
WITH
WRIT PETITION NO.5775 OF 2012
AND
CIVIL REVISION APPLICATION NO.482 OF 2012
WRIT PETITION NO.722 OF 2013

Walchandnagar Industries Limited,

Versus
1. Indraprastha Developers,

Date of Pronouncing the Judgment : 25-9-2013
Citation;2014(2) ALLMR 550

Link to the judgement is : http://bit.ly/1i4ougF

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