Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

Case Note & Summary

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a suit or cause of action in part. The background involves a suit where the plaintiffs challenged a sale deed and sought a permanent injunction. Defendants requested to frame a preliminary issue on limitation. The Trial Court did so, but the plaintiffs contested this order. The Single Judge, disagreeing with a prior Division Bench decision, referred the question to the Full Bench. The Full Bench concluded that under Section 9-A, the Trial Court cannot frame an issue that disposes of a suit or cause of action in part; it must address the entire suit.

Introduction

Question of Law: Whether the Trial Court, under Section 9-A of the CPC, can frame an issue that disposes of a suit or cause of action in part.

Background

Facts:

Plaintiffs filed Regular Civil Suit No.45 of 2011 for a declaration that a sale deed dated 2 August 1965 was illegal and sought a permanent injunction against dispossession. Defendants requested the Trial Court to frame a preliminary issue on limitation. The Trial Court framed this issue under Section 9-A of the CPC. Plaintiffs challenged this order via a writ petition. Referral to Full Bench

The Single Judge disagreed with the Division Bench's view in Ferani Hotels Private Limited Vs. Nusli Nevile Wadia & Ors., which allowed for partial dismissal of a suit under Section 9-A. The Chief Justice referred the question to the Full Bench.

Submissions

Petitioners' Argument:

Argued that with the amendment deleting Section 9-A, the issue need not be answered. Even if the suit is barred by limitation, the relief of permanent injunction would still survive. Hence, Section 9-A should not allow framing issues that do not dispose of the entire suit.

Defendants' Argument:

Asserted that the Trial Court can frame a preliminary issue under Section 9-A to dispose of the suit partly. Effect of Repeal of Section 9-A

Clause (3) of the Repealing Act: Preliminary issues framed under Section 9-A pending commencement of the 2018 Amendment are to be decided under Order XIV of the CPC.

Supreme Court Decision in Nusli Neville Wadia Vs. Ivory Properties: Clarified that the repeal did not change the legal scenario of deciding preliminary issues under Section 9-A.

Purpose of Section 9-A

Historical Context:

Introduced to address interim reliefs granted without determining jurisdiction. Ensured jurisdictional objections were resolved at the outset.

Amendments and Re-introductions:

Re-introduced in 1977 to prioritize jurisdictional clarity before granting interim relief. Conclusion

Key Points:

The term "suit" in Section 9-A refers to the entire legal action, not part of it. Jurisdictional issues must address the entire suit. Trial Court cannot frame an issue that disposes of part of the suit or cause of action.

Final Answer: The Trial Court, under Section 9-A of the CPC, is not competent to frame an issue that disposes of the suit or cause of action in part. The matter is sent back to the Single Judge for a decision in accordance with this ruling.