JUDGMENT - M.B. SHAH, C.J.:---Heard the learned Counsel for the parties.

2.By judgment and order dated 24th April, 1998, the learned Single Judge has referred this matter to a larger Bench for determination of the following issue :--

"Whether while deciding the preliminary issue of jurisdiction as contemplated under section 9-A the parties are required to be given opportunity to lead evidence?"

3.The Court has referred the matter because in the opinion of the Court, it was of considerable importance as it was generally raised on the Original Side of this Court as well as in the subordinate courts. Section 9-A, which is added to the Civil Procedure Code by an Act known as Code of Civil Procedure (Maharashtra Amendment) Act, 1977, reads as under :--

"9-A. (1) Notwithstanding anything contained in this Code or any other law for the time being in force, if at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a Receiver or otherwise, made in any suit, an objection to the jurisdiction of the Court to entertain such suit is taken by any of the parties to the suit, the Court shall proceed to de

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