¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 29, 2018/EòÉÌiÉEò 7, ¶ÉEäò 1940
1
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
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.
V of
1908.
Mah.
Ord.
XVIII of
2018.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 4, +ÆEòú 72]
ºÉÉä¨É´ÉÉ®ú, +ÉìC]õÉä¤É®ú 29, 2018/EòÉÌiÉEòøö 7, ¶ÉEäò 1940
[{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 141
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉɪÉ
ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
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).
RNI No. MAHENG /2009/35528
¦ÉÉMÉ +É`ö------141-1
(1)
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 29, 2018/EòÉÌiÉEò 7, ¶ÉEäò 1940
2
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.
(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
application to the State of Maharashtra (hereinafter referred to as “the
principal Act”), shall be deleted.
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
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 :
Short title
and
commencement.
Deletion of
section 9A of
V of 1908, in
its application
to the State of
Maharashtra.
V of
1908.
Savings.
Mah. LXI
of 2018.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 29, 2018/EòÉÌiÉEò 7, ¶ÉEäò 1940
3
Provided 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.
(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.
Mah.
Ord.
XVIII of
2018.
Repeal of
Mah. Ord.
XVIII of 2018
and saving.
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.