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1

L. A. BILL No. LXXX OF 2018.

A BILL

to amend the Code of Civil Procedure (Maharashtra Amendment)

Act, 2018.

WHEREAS it is expedient to amend Code of Civil Procedure (Maharashtra

Amendment) Act, 2018, for the purposes hereinafter appearing; it is hereby enacted

in the Sixty- ninth Year of the Republic of India as follows :—

1.

This Act may be called the Code of Civil Procedure (Maharashtra

Amendment) (Amendment) Act, 2018.

Mah.

LXI of

2018.

Short title.

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RNI No. MAHENG /2009/35528

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) (Amendment)

Bill, 2018 (L. A. Bill No. LXXX of 2018), introduced in the Maharashtra Legislative Assembly

on the 30th November 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.

————————

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(1)

2

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2.

In section 3 of the Code of Civil Procedure (Maharashtra Amendment)

Act, 2018, for clause (1), the following clause shall be substituted and shall be

deemed to have been substituted with effect from the 27th June 2018, being the

date of commencement of the said Act, namely :—

“(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 decided and disposed of by

the Court under section 9A, as if the said section 9A has not been deleted;”.

3.

Nothing in this Act shall affect the decrees passed by a Civil Court during

the period commencing from the 27th June 2018 being the date of commencement

of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 and ending on

the date of publication of this Act in the Maharashtra Government Gazette.

Savings.

Amendment of

section 3 of

Mah. LXI of

2018.

Mah. LXI

of 2018.

Mah. LXI

of 2018.

Mah. LXI

of 2018.

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STATEMENT OF OBJECTS AND REASONS

The Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. LXI of

2018) is enacted to amend section 9A of the Code of Civil Procedure, 1908 (V of 1908),

in its application to the State of Maharashtra. The said Act of 2018 provides for

deletion of section 9A of the said Code and further saving provisions, as a

consequences of deletion of the said section 9A. Clause (1) of section 3 of the said

Act provides that, in case consideration of a preliminary issue framed under section

9A is pending on the date of commencement of the said Act of 2018, the said issue

shall be decided at the time of final decision of itself, along with other issues framed

under Order XIV of the Code of Civil Procedure, 1908 (V of 1908).

2.

Though, it was intended that such a provision would result in expeditious

disposal of the suit itself, it has been observed that in fact the decision of the court

on the preliminary issue is prolonged and the litigants are unnecessarily suffered

thereby. It is, accordingly, proposed to provide that, where the consideration of a

preliminary issue framed under section 9A is pending on the date of commencement

of the said Act of 2018, the said issue shall be decided and disposed of by the

Court under section 9A as if the said section 9A has not been deleted.

3.

It is, accordingly, proposed to amend clause (1) of section 3 of the said

Act of 2018 and make suitable consequential saving provisions in that regard.

4.

The Bill seeks to achieve the above objectives.

Mumbai,

DEVENDRA FADNAVIS,

Dated the 29th November, 2018.

Chief Minister.

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.