1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.771 OF 2009 WITH CIVIL APPLICATION NO.966 OF 2009 M/s. Shapers Pvt. Ltd. ..Appellant. Vs. LIC of India and anr. ..Respondents. Mr.Navin Parekh, Sonali Kunekar and K.N. Kandekar for the Appellant. Ms. Bharati M. i/by The Law Point for the LIC. CORAM : R.S. MOHITE, J. DATE : 30/9/2009 PC : 1 Heard both sides. In my view, matter can be disposed off at the stage of admission. Hence, appeal admitted and by consent, same is finally heard. 2 This is an appeal filed by the original plaintiff against the dismissal of the notice of motion on merits. It is seen that, in their reply to the affidavit in support of the notice of motion, the 2 defendants had raised an issue of jurisdiction. The trial court has decided the motion without framing the preliminary issue under Section-9A. The procedure followed is against the mandate of this court as contained in the judgment of the Division Bench of this court in the case of Meher Singh Vs.Deepak Sawhny reported in 1999(1) B.C.R. 107. It is necessary that proper procedure should be followed. In the circumstances, appeal is allowed and the trial court is directed to frame the issue under Section-9A and decide the same first. It is made clear that, ad interim relief, if any, that was in operation on the date when the impugned order was passed, will continue till the decision on the preliminary issue. CIVIL APPLICATION NO.966 OF 2009 1 As the main appeal is allowed, civil application does not survive and therefore, the same is disposed off. ( R.S.MOHITE, J. )