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29 Jun 2018 5:45pm

Maharashtra Governor Signs off Promulgation of an Ordinance Deleting Section 9A

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In an attempt to reduce case pendency in the courts, the Maharashtra Law and Judiciary Department has made a great move. The department has promulgated an ordinance, signed by Governor C. Vidyasagar Rao, deleting Section 9A of the Code of Civil Procedure.

Section 9A was inserted in 1970 for undoing the effect of a judgment of the Bombay HC in the case of Institute Indo-Portuguese v Borges (1958).

When a case was filed against the government in the Bombay City Civil Court devoid of a valid notice being issued, “the court would grant an ad-interim (temporary) injunction and an adjournment to plaintiffs, without going into the question of jurisdiction. This would enable plaintiffs to issue a notice to the government, then after the expiry of the period of the notice, withdraw the suit with the liberty to file a fresh suit and seek continuation of the earlier injunction”.

The CPC (Maharashtra Amendment) Ordinance, 2018 says that the practice of granting injunctions without going into the question of jurisdiction had been ‘leading to grave abuse’ and it was against this backdrop that section 9A was introduced.

The ordinance further states that “today Section 9A has become a cumbersome and tedious provision” leading to judicial backlog, as it became a tool for people intending to delay the proceeding.

Thus, “Section 9A created at least two judicial bottlenecks which have hindered the speedy disposal of cases. Firstly, when an issue is raised under the section, a court cannot dispose a motion (application) until the trial into such an issue is concluded and the issue is finally decided. As a result, the motion remains pending for several years, and ad interim relief masquerades virtually as final relief. Secondly, when such an issue is raised, two trials have to be conducted, viz., one on the preliminary issue and the other on the remaining issues, each subject its own round of appeals and Special Leave Petitions. All this needlessly, burdens the court”, the ordinance states.


Tagged: Maharashtra Law and Judiciary Department Governor C Vidyasagar Rao Section 9A Deleted Code of Civil Procedure Bombay City Civil Court
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