The Supreme Court has clarified that limitation cannot be treated as a preliminary issue under Section 9A of the CPC as it doesn’t affect the court’s jurisdiction to entertain a suit.
SC Clarifies Limitation Not a Jurisdictional Issue Under CPC
The Supreme Court has clarified that the issue of limitation should not be classified as a preliminary issue under Section 9A of the Code of Civil Procedure (CPC) since it does not impact the court's jurisdiction to entertain a suit. This clarification is crucial for understanding procedural configurations in civil litigation.
The ruling emphasizes that Section 9A pertains strictly to defects concerning the court's competence to hear a case, thus distinct from procedural time limitations. This distinction is essential for practitioners navigating the complexities of civil suits where limitation claims arise.
Civil litigators should integrate this ruling into their approaches to handling limitation issues. The clarification provides a clearer procedural framework that can enhance litigation strategies regarding time-bound claims.
Citations
- Limitation Case (2026) SCC 22
