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In an attempt to decrease the pendency in civil courts, Governor C Vidyasagar Rao of the State of Maharashtra has promulgated an ordinance deleting Section 9A of the Code of Civil Procedure, 1908.
Back then, the practice of granting injunctions, without going into the question of jurisdiction even though raised, was leading to grave abuse. It was against the backdrop that Section 9A was introduced into the Code.
Therefore, the Maharashtra Amendment Act of 1970 was repealed and again Section 9A was re-enacted by the Code of Civil Procedure (Maharashtra Amendment) Act, 1977.
Today, Section 9A has become a tool for those intending to delay the proceeding, making it a wasteful and tedious provision contributing to the judicial backlog.
Hence, the statement of the ordinance reasons why the said provision was deleted- “All this needlessly burdens the Court with duplication and results in a waste of judicial time and resources. It is, therefore, considered expedient to amend the Code of Civil Procedure, 1908, in its application to the State of Maharashtra, by deleting the said section 9A.”
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