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The Code of Civil Procedure, 1908: page 39

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 39, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order
upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as
if it had been included in such memorandum;

   (3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the
Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an
appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or
revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has
not been deleted :

   Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision,
remands the matter to the trial Court for reconsideration of the preliminary issue so framed under
section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act
shall apply ;

   (4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of
section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order
XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an
order is made, either confirm or vacate or modify such order.

   [Vide Maharashtra Act 61 of 2018, sec. 3.]
                                                                        e
                                                                       od
Maharashtra.—
                                                                 aC
    In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the
                                                          di
following clause shall be substituted and shall be deemed to have been substituted with effect from 27th
                                                     In
June 2018, being the date of commencement of the said Act, namely:—

   “(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court
under section 9A, as if the said section 9A has not been deleted;”.

   [Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]

     10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in 1[India] have jurisdiction to grant the relief claimed, or in any Court
beyond the limits of 1[India] established or continued by 2[the Central Government 3***.] and having like
jurisdiction, or before 4[the Supreme Court].

    Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from
trying a suit founded on the same cause of action.

     11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially
in issue has been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
finally decided by such Court.


1. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
2. Subs. by the A.O. 1937, for “the G.G. in C”.
3. The words “or the Crown Representative” omitted by the A.O. 1948.
4. Subs. by the A.O. 1950, for “His Majesty in Council”.


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