Maharashtra promulgates ordinance to delete Section 9A of CPC

The Governor of Maharashtra C Vidyasagar Rao has signed off on the promulgation of an ordinance deleting Section 9A from the Code of Civil Procedure (CPC) in its application to the State..With both the Houses of the State Legislature not in Session, the Governor of Maharashtra exercised his power to promulgate an Ordinance. The Ordinance came into force on May 27..Section 9A of the CPC deal with summons given to the plaintiff for service. The Ordinance also clarifies the following with respect to the now deleted provision..If the consideration of an issue under Section 9A is pending, it will be deemed to have been framed under Order XIV of the Code and shall be decided by the court along with other issues at the time of final disposal of the suit itself.If a preliminary issue framed under Section 9A is already decided, holding that the Court has jurisdiction, and its review before revisional Court is pending, such proceedings will stand abated.In cases where the issue under Section 9A is decided and holding that the Court has no jurisdiction, and an appeal/ revision against the same is pending, then such proceedings will continue as though the Ordinance was not enacted.In 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..Read Ordinance: