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Abdul Mannan (Proprietor)     27 April 2009



Whether the question of JURISDICTION and LIMITATION can be raised at  any stage of the matter or otherwise. Please explain with CITATIONS. 



Abdul Mannan



 6 Replies

Y V Vishweshwar Rao (Advocate )     27 April 2009

1- Question of  Jurisdiction on the basis of the Residence of the parties  is to be raised at the earliest and on the other objections subject matter situation- Territorial Jurisdiction can be raised at any stage of the suit 

2- Limitation question is a legal objection can be raised at any stage of the suit  .

Swami Sadashiva Brahmendra Sar (Nil)     27 April 2009

1. agree with mr. rao re ans no 1.

2. but have doubt about ans no 2 . is there any supreme court decision on this point?


Both the objections must be raised at the earliest stage. Limitation is a mixed question of law and fact as such the suit cannot be decided on this preliminary issue however the objection qua territorial jurisdiction can decide the suit  even on the preliminary hearings.

Swami Sadashiva Brahmendra Sar (Nil)     28 April 2009

thank you mr arya. u r right.

Abdul Mannan (Proprietor)     28 April 2009


The reply is not supported by the decision of the supreme court or High court. What has been stated is nothing speal. Please support with decisions.



Abdul Mannan

Swami Sadashiva Brahmendra Sar (Nil)     28 April 2009

to get more detailed advice plz go to www.legalservicesindia.com . they will reply within 48 hrs @ Rs. 1200/- per question only.


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