Meaning of "other cases" u/s 9a cpc

A Kumar (Querist) 16 February 2017 This query is : Resolved

My query is extension of this query

http://www.lawyersclubindia.com/experts/Division-bench-decision-of-supreme-court-on-9a-cpc-579316.asp

However, it is made clear that in other cases where the suits are governed by the provisions of Order XIV Rule 2 CPC, it is the discretion of the court to decide the issue based on law as preliminary issue.

what is the meaning of OTHER CASES

Follow Query

Report Abuse

rajeev sharma (Expert) 17 February 2017
o 14 r 2 CPC --Court to pronounce judgment on all issues.-
(1) Notwithstanding that a case may be disposed of on a preliminary issue, the court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.

(2) Where issues both of law and of fact arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to—

(a) the jurisdiction of the court, or

(b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.
Maharashtra– After section 9 insert the following section 9A.

“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-
In my humble o 14 r2 speaks of two circumstances where the court may decide the suit by deciding the question of law as preliminary issue. firstly it may relate to jurisdiction of the court and secondly the bar of jurisdiction of civil court by any other law . Mah. amendment deals with only first kind of cases. The other kind of cases where the jurisdiction of civil courts is specifically barred by any law are not covered in the amendment.