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Head Note

Civil Law  - Jurisdiction

Held that essentially the jurisdiction is an authority to decide a given case one way or the other - Further, even though no party has raised objection with regard to jurisdiction of the court, the court has power to determine its own jurisdiction -In a case where the Court has no jurisdiction; it cannot confer upon it by consent or waiver of the parties.

The Code of Civil Procedure, 1908  - Section 9 , Order XIV Rule (2)

Section 9A as inserted by Maharashtra Amendment Act, 1977 - Preliminary Issue - The provisions of the said Section has to be complied with and can be held to be a valid legislation.

The Code of Civil Procedure, 1908  - Section 9

Section 9A as inserted by Maharashtra Amendment Act, 1977 - Jurisdictional Issue - Preliminary Issue - Held Act is mandatory in nature - 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.

The Code of Civil Procedure, 1908  - Order XIV Rule (2)

Preliminary Issue - Power upon the Court to pronounce judgment on all the issues - But if that issue relates to the jurisdiction of the Court or a bar to the suit created by any law.

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