महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ४, अंक ७२] सोमवार, ऑक्टोबर २९, २०१८/कर्ातिक ७, शके १९४० [पृष्ठे ३, किंमत : रुपये २७.००
असाधारण क्रमांक १४१
प्राधिकृत प्रकाशन
द्धन्रु]क्ष् ह्यम्द्धहभ् +ह्यह्यद्ध म् न्ह्र ह्य ॅ + म् ॅ ह्यम्ह्यद्ध +ह्य ह्यम्ह्य म्
ह्यम्ॅ +्र ह्यम्ॅ (ह्र +ाम्).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. Act No. LXI of 2018), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government, Law and Judiciary Department.
MAHARASHTRA ACT No. LXI OF 2018.
(First published, after having received the assent of the President in the '' Maharashtra Government Gazette '', on the 29th October 2018).
An Act further to amend the Code of Civil Procedure, 1908, in its application to the State of Maharashtra.
WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take V of 1908.
immediate action further to amend the Code of Civil Procedure, 1908, in its application to the State of Maharashtra, for the purposes hereinafter appearing ; and, therefore, promulgated the Code of Civil Procedure (Maharashtra Amendment) Ordinance, 2018, on the 27th June 2018.
Mah. Ord. XVIII of 2018.
(१)
भाग आठ------१४१-१२ महाराष्ट्र शासन राजपत्र, असाधारण भाग आठ, ऑक्टोबर २९, २०१८/कर्ातिक ७, शके १९४० AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Sixty- ninth Year of the Republic of India as follows :—
1. (1) This Act may be called the Code of Civil Procedure (Maharashtra Amendment) Act, 2018.
Short title and commencement.
(2) It shall be deemed to have come into force on the 27th June 2018.
2. Section 9A of the Code of Civil Procedure, 1908, in its V of 1908.
application to the State of Maharashtra (hereinafter referred to as "the principal Act"), shall be deleted.
Deletion of section 9A of V of 1908, in its application to the State of Maharashtra.
Savings.
3. Notwithstanding the deletion of section 9A of the principal Act,—
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code Mah. LXI of 2018.
of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as "the Amendment Act"), the said issue shall be deemed to be an issue framed under Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other issues, at the time of final disposal of the suit itself :
Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues in the suit, at the time of final disposal of the suit itself ;
(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall stand abated :
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 :
महाराष्ट्र शासन राजपत्र, असाधारण भाग आठ, ऑक्टोबर २९, २०१८/कर्ातिक ७, शके १९४० ३Provided 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.
4. (1) The Code of Civil Procedure (Maharashtra Amendment) Ordinance, 2018, is hereby repealed.
Repeal of Mah. Ord. XVIII of 2018 and saving.
Mah. Ord. XVIII of 2018.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.