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The Civil Courts Act, 1887

( ACT NO. XII OF 1887 )

[ 11th March 1887 ]

Chapter II

CONSTITUTION OF CIVIL COURTS

Classes of Civil Courts
1[3. There shall be following classes of Civil Courts, namely:-
 
 
(a) the Court of the District Judge;
 
 
(b) the Court of the Additional District Judge;
 
 
(c) the Court of the Joint District Judge;
 
 
(d) the Court of the Senior Assistant Judge; and
 
 
(e) the Court of the Assistant Judge.]
Number of Judges
2[4. The Government may alter the number of District Judges, Additional District Judges, Joint District Judges, Senior Assistant Judges and Assistant Judges now fixed.]
[Repealed]
5. [Repealed by the Decentralization Act, 1914 (Act No. IV of 1914).]
Vacancies among District or Joint District Judges
6. (1) Whenever the office of District Judge or 3[Joint District] Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever an increase in the number of District or 4[Joint District] Judges has been made under the provisions of section 4, the Government or, as the case
 
 
may be, the High Court Division may fill up the vacancy or appoint the Additional District Judges or 5[Joint District] Judges.
 
 
(2) Nothing in this section shall be construed to prevent a Government from appointing a District Judge or 6[Joint District] Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or 7[Joint District] Judge, all or any of the functions of another District Judge or 8[Joint District] Judge, as the case may be.
[Omitted]
7. [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Additional District Judges
8.(1) When the business pending before any District Judge requires the aid of 9[Additional District] Judges for its speedy disposal, the Government may, having consulted the High Court Division, appoint such 10[Additional District] Judges as may be requisite.
 
 
(2) 11[Additional District] Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.
Administrative control of Courts
9. Subject to the superintendence of the High Court Division, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.
Temporary charge of District Court
10. (1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the 12[Additional District] Judges, or, if an 13[Additional District] Judge is not present at that place, the senior 14[Joint District] Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
 
 
(2) While in charge of the office of the District Judge, the 15[Additional District] Judge or 16[Joint District] Judge, as the case may be, may, subject to any rules which the High Court Division may make in this behalf, exercise any of the powers of the District Judge.
Transfer of proceedings on vacation of office of Joint District Judge
11. (1) In the event of the death, resignation or removal of a 17[Joint District] Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the 18[Joint District] Judge either to his own Court or to any Court under his administrative control competent to dispose of them.
 
 
(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred:
 
 
(3) Provided that the District Judge may re-transfer to the Court of the 19[Joint District] Judge or his successor any proceedings transferred under sub-section (1) to his own or any other Court.
 
 
(4) For the purposes of proceedings which are not pending in the Court of the 20[Joint District] Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
[Omitted]
12. [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Power to fix local limits of jurisdiction of Courts
13. (1) The Government may, by notification in the official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
 
 
(2) If the same local jurisdiction is assigned to two or more 21[Joint District] Judges or to two or more 22[Senior Assistant Judges or Assistant Judges], the District Judge may assign to each of them such civil business cognizable by the 23[Joint District] Judge or 24[Senior Assistant Judge or Assistant Judge], as the case may be, as, subject to any general or special orders of the High Court Division, he thinks fit.
 
 
(3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to one of two or more 25[Joint District] Judges or to one of two or more 26[Senior Assistant Judges or Assistant Judges], a decree or order passed by the 27[Joint District] Judge or 28[Senior Assistant Judge or Assistant Judge] shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the Government under sub-section (I).
 
 
(4) A Judge of a Court of Small Causes appointed to be also a 29[Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge or Assistant Judge], as the case may be, within the meaning of this section.
 
 
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.
Place of sitting of Courts
14. (1) The Government may, by notification in the official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
 
 
(2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.
Vacations of Courts
15. (1) Subject to such orders as may be made by the Government the High Court Division shall prepare a list of days to be observed in each year as closed holidays in the Civil Courts.
 
 
(2) The list shall be published in the official Gazette.
 
 
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.
Seals of Courts
16. Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the Government.
Continuance of proceedings of Courts ceasing to have jurisdiction
17. (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceedings in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.
 
 
(2) Nothing in this section applies to cases for which provision is made in sections 36, 37 and 114 of, and rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908, or in any other enactment for the time being in force.
  • 1
    Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 2
    Section 4 was substituted, for section 3 by section 3 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
  • 3
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 4
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 5
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 6
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 7
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 8
    The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 9
    The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 10
    The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 11
    The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 12
    The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
  • 13
    The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
  • 14
    The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 15
    The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
  • 16
    The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 17
    The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 18
    The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 19
    The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 20
    The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 21
    The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 22
    The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 23
    The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 24
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 25
    The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 26
    The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 27
    The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 28
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 29
    The words “Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge or Assistant Judge” were substituted, for the words “Subordinate Judge or Assistant Judge is a Subordinate Judge or Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
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Ministry of Law, Justice and Parliamentary Affairs