JADABIBAI JHUMARLAL JAIN Vs. MADANLAL GULABCHAND JAIN

JUDGEMENT

(1.) Heard the learned Counsels for the parties.

(2.) Mr. Shah, the learned Counsel for the plaintiff, submits that in terms of order dated 2nd April, 2014, in Notice of Motion (L) No.285/2014, this Court had directed that the issue of limitation be framed and determined as a preliminary issue under Section 9A of the Code of Civil Procedure, 1908, (as it then applied to the State of Maharashtra).

(3.) The learned Counsel for the plaintiff further submits that though the plaintiff led evidence for determination of the said issue, yet the evidence of the plaintiff could not be recorded completely as the original plaintiff Smt. Jadabibai passed away in the intervening period. The learned Counsel further submits that in view of the Maharashtra Amendment Act, 2018 S ection 9A of the Code has been deleted and thus, the issue of limitation is now not required to be determined as the preliminary issue and, therefore, the Notice of Motion be listed for hearing.