1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 10606 OF 2009 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Shri A.P. Mhatre for the Petitioners. Shri S.K. Jain i/by M/s. S.K. Jain & Associates for Respondent No.7. -- CORAM: A.S.OKA,J. DATE : 8TH JANUARY, 2010 P.C.: Heard learned counsel appearing for the Petitioners. The Petitioners (who are the original Plaintiffs ) have taken an exception to the order passed by the trial Court dated 13th March, 2009 by which preliminary issues as to bar of limitation and pecuniary jurisdiction of the Court have been framed. The submission of the learned counsel appearing for the Petitioners is that in view of Section 9A of the Code of Civil Procedure, 1908, only the issue of jurisdiction could have been framed as a Preliminary 2 Issue and the Issue of Limitation could not have been framed as the same cannot be said to be an issue of jurisdiction. 2. In view of the decision of a Division Bench of this Court in the case of Foreshore Co- operative Housing Society Ltd., Bombay v Praveen D. Desai & Others, [2009(2) Mh.L.J. 28 ], submission made by the learned counsel appearing for the Petitioners cannot be accepted. Hence, no case for interference is made out. Petition is rejected. It is made clear that all the contentions of the parties on the Preliminary Issues are expressly kept open. JUDGE