Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
The Bombay High Court ruled on the applicability of Section 9A of the Civil Procedure Code (CPC) concerning the disposal of suits. Section 9A mandates that if a court has not decided on jurisdiction, it cannot proceed to adjudicate the suit’s merits. This ruling emphasized that a partial disposal of a suit, while pending the jurisdictional decision, is not permissible. The court underscored that any decision made on the merits of the case before resolving jurisdiction issues would be deemed invalid. This decision aims to ensure that jurisdictional issues are settled before any substantive hearings, reinforcing procedural correctness and jurisdictional authority in civil proceedings