9. Courts to try all
civil suits unless barred .- The Courts shall (subject
to the provisions herein contained) have jurisdiction to try
all Suits of a civil nature excepting suits of which their
cognizance is either expressly or impliedly barred.
Explanation 1.—As suit in which the right to property
or to an office is contested is a suit of a civil nature,
notwithstanding that such right may depend entirely on the
decision of questions as to religious rites or ceremonies.
Explanation Il—For the purposes of this section, it
is immaterial whether or not any fees are attached to the
office referred to in Explanation I or whether or not such
office is attached to a particular place.
STATE AMENDMENT
MAHARASTRA.- In its application
to the State of Maharashtra, the following new S. 9-A shall
be inserted; -
“9-A. 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.- (1) Notwithstanding anything contained in this Code
or any other law for the time being in force, if, at the hearing
of any application for granting or setting aside an order
granting any interim relief, whether by way of stay, injunction,
appointment of a receiver or otherwise, made in any suit,
an objection to the jurisdiction of the Court to entertain
such a suit is taken by any of the parties to the suit, the
Court shall proceed to determine at the hearing of such application
the issue as to the jurisdiction as a preliminary issue before
granting or setting aside the order granting the interim relief.
Any such application shall be heard and disposed of by the
Court as expeditiously as possible and shall not in any case
he adjourned to the hearing of the suit.
(2) Notwithstanding anything contained in Sub-section (1),
at the hearing of any such application, the Court may grant
such interim relief as it may consider necessary, pending
determination by it of the preliminary issue as to be jurisdiction.”
- Maharashtra Act (65 of 1977) (wet. 19-12-1977).
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