Bombay act 014 of 1869 : Bombay Civil Courts Act, 1869

Section 1. Short title and extent

PART I.

Preliminary.

¹[1. Short title and extent.- (1) This Act may be called the Bombay Civil Courts Act, 1869.

(2) It extends to the whole of the State of Bombay].

Section 2. Repeal of enactments

2. [Repeal of enactments]- Rep. Act XIV of 1870.

Section 3. Alteration and creation of districts

PART II.

Districts and Sadr Stations.

3. Alteration and creation of districts.- The ¹[²[State] Government] may from time to time, by a notification in the ³[Official Gazette], alter ⁴the limits of existing zillas (which shall hereafter be called districts) and create new districts for the purposes of this Act.

Section 4. Position of sadr station

4. Position of sadr station.- The ¹[²[State] Government] may also from time to time, by notification in the ³[Official Gazette], alter the position of the sadr station in any district, and fix the position of the sadr station in any new district.

Section 5. District Judges

PART III.

District Courts,

5. District Judges:- There shall be in each district a District Court presided over by a Judge to be called the District Judge ¹* * * * * * * * * ²* * * *

Section 6. Situation of District Court

6. Situation of District Court.- The District Judge shall ordinarily hold the District Court at the sadr station in his district, but may, with the previous sanction of the High Court, hold it elsewhere within the district.

Section 7. Original jurisdiction of District Court

7. Original jurisdiction of District Court:- The District Court shall be the principal Court of original civil jurisdiction in the district, within the meaning of the Code of Civil Procedure.

Section 8. Appellate jurisdiction of District Court

8. Appellate jurisdiction of District Court.- Except as provided in sections 16, 17 and 26, the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate Courts from which an appeal lies under any law for the time being in force.

Section 9. Control and inspection of Courts

9. Control and inspection of Courts.- The District Judge shall have general control over all the Civil Courts and their establishments within the district, and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all the Courts subordinate to him, and to give such directions with respect to matters not provided for by law as he may think necessary.

The District Judge shall also refer to the High Court all such matters as appear to him to require that a rule of that Court should be made thereon.

Section 10. Writs and orders

10. Writs and orders.- The District Judge shall obey all writs, orders or processes issued to him by the High Court, and shall make such returns or reports thereto under his signaturer and the seal of the Court as the exigencies of the case require.

Reports and returns:- He shall further furnish such reports and returns and copies of proceedings as may be called for by the High Court or the ¹[²[State] Government].

Section 11. Seal of District Judge

11. Seal of District Judge.- The District Judge shall use a circular seal, two inches in diameter, which shall bear thereon ¹[the Asoka Capital Motif], with the following inscription in English and the principal language of the district:-

"District Court of"

Section 12. Power to appoint Joint Judges

PART IV.

Joint Judges.

12. Power to appoint Joint Judges.- The ¹[²[State] Government) may ³* * *appoint in any District a Joint Judge who shall be invested with co-extensive powers and a concurrent jurisdiction with the District Fudge, except that he shall not keep a file of civil suits and shall transact such civil business only as he may receive from the District Judge, or as may have been referred to the Joint Judge by order of the High Court.

⁴* * * * *

Section 12-A. Power to appoint District Judge or Assistant Judge in one district to be Joint Judge in another district

¹[12-A. Power to appoint District Judge or Assistant Judge in one district to be Joint Judge in another district.- The ²[State] Government may appoint the District Judge or the Assistant Judge in any district to be also a Joint Judge in and her district. Such Joint Judge may hold his court and transact civil business at such place or places in either district as he may deem fit.

Section 13. Enactments applied to Joint Judge, Joint Judge's, seat

13. Enactments applied to Joint Judge, Joint Judge's, seat.- All Regulations and Acts now or hereafter in force and applying to a District judge shall be deemed to apply also to the Joint Judge; and the seal of the Joint Judge shall be the same as is used by the District Judge.

Section 14. Power to appoint Assistant Judges

PART V.

Assistant Judges

14. Power to appoint Assistant Judges.- The ¹[²State] [Government] ³* * * may appoint one or more Assistants to the District Judge, 6* * ⁴* * * * * *

Section 15. Situation of Assistant Judge's Court

15. Situation of Assistant Judge's Court.- An Assistant Judge shall ordinarily hold his Court at the same place as the District Judge, his he may hold his Court elsewhere within the district, whenever the District Judge shall, with the previous sanction of the High Court, direct him so to do.

Section 16. Original jurisdiction of Assistant Judge

16. Original jurisdiction of Assistant Judge:- The District Judge may refer to any Assistant Judge subordinate to him original suits of which the subject-matter does not amount to ¹[forty thousand rupees] in amount or value, ²[applications or references under special Acts,] and miscellaneous applications³ * * *.

The Assistant Judge shall have jurisdiction to try such suits and to dispose of such applications ²[or references].

Where the Assistant Judge's decrees and orders in such cases are appealable, the appeal shall lie to the District Judge of to the High Court according as the amount or value of the subject-matter does not exceed or exceeds ⁴[twenty-five thousand rupees]

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Section 17. Appellate jurisdiction of Assistant Judge

¹[17. Appellate jurisdiction of Assistant Judge.- An Assistant Judge shall have jurisdiction to try such appeals from the decrees and orders of the subordinate courts as would lie to the District Judge and as may be referred by him to the Assistant Judge.

Decrees and orders passed under this section by an Assistant Judge shall have the same force and shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the District Judge.]

Section 18. [Deleted]

18. [Deleted].- [Continuance of Assistant Judge's appellate jurisdiction].- Deleted by Bom. XCIV of 1958, s. 6.

Section 19. Power to invest Assistant Judge with powers of District Judge

19. Power to invest Assistant Judge with powers of District Judge.- The ¹[²[State] Government] may, by notification in the ³[Official Gazette] invest an Assistant Judge with all or any of the powers of a District Judge within a particular part of a district, and may, by like notification, from time to time determine and alter the limits of such part.

The jurisdiction of an Assistant Judge so invested shall pro tanto exclude the jurisdiction of the District Judge from within the said limits:

Every Assistant Judge so invested shall ordinarily hold his Court at such place within the local limits of his jurisdiction as may be determined by the ¹[²[State] Government], and may, with the previous sanction of the High Court, hold it at any other place within such limits.

Section 20. Assistant Judge to use seal of District Judge

20. Assistant Judge to use seal of District Judge.- Every Assistant Judge shall use the seal of the District Judge to whom he is Assistant.

Section 21. Number of subordinate Civil Courts

PART VI.

¹[Civil Judges].

21. Number of subordinate Civil Courts.- There shall be in each district so many Civil Courts subordinate to the District Court as the ²[³[State] Government], ⁴* * * * shall from time to time direct:

⁵[Provided that for special reasons it shall be lawful for the ⁶[⁷[State] Government] at any time to close temporarily any such Subordinate Court.)

Section 22. Appointment of [Civil Judges]

22. Appointment of ¹[Civil Judges].- The Judges of such Subordinate Courts shill be appointed by the ²[³[State] Government], and shall be called ¹[Civil Judges].

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Section 22-A. Power to fix local limits of jurisdiction of [Civil Judges]

¹[22-A. Power to fix local limits of jurisdiction of ²[Civil Judges].- The ³[⁴[State] Government] may, by notification in the Official Gazette, fix, and, by a like notification, from time to time, alter the local limits of the ordinary jurisdiction of this ²[Civil Judges].

Section 23. Situation of Subordinate Courts

23. Situation of Subordinate Courts.- The ¹[Civil Judges] shall hold their Courts at such place or places as the ²[³[State] Government] may from time to time appoint within the local limits of their respective jurisdictions:

⁴[Provided that for special reasons it shall be lawful for the ²[³[State] Government] to order that a ⁵[Civil Judge] shall hold his Court at a place outside the local limits of his jurisdiction.]

Wherever more than one such place is appointed, the District Judge shall, subject to the control of the High Court, fix the days on which the 8⁵[Civil Judge] shall hold his Court at each of such places, and the ⁵[Civil Judge] shall cause such days to be duly notified throughout the local limits of his jurisdiction.

The same person may be the Judge of more than one subordinate Court ⁶[and may dispose of the civil business of any one of his Courts at the headquarters of any other of his Courts]; and in such cases the District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which the ⁵[Civil Judge] shall sit in each Court.

Appointment of Joint, [Civil, Judges].- ⁷[For the purpose of assisting the Judge of any subordinate Court in the disposal of the civil business on his file, ⁸[the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the ⁹[State]] one or more Joint ¹[Civil Judges], or the District Judge may, [with the previous sanction of the High Court, depute to such Court the Judge of another subordinate Court within the district. A ¹⁰[Civil Judge] thus appointed or deputed to assist in the Court of another ¹⁰[Civil Judge] shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by Judge of such Court. ¹¹[He may also dispose of the Civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf].

Provisions applicable to Joint [Civil Judges].- For the purposes of this section the provisions of the Act applicable to ¹²[Civil Judges] shall be, and shall be deemed always to have been applicable to Joint ¹²[Civil Judges]: Provided that no such Joint ¹⁰[Civil Judge] shall hear and determine any suit instituted under Section 4 of the Dekkhan Agriculturists' Relief Act, [1879] 1879, (XVII of 1879) unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.]

Section 24. Classes of [Civil Judges]

24. Classes of ¹[Civil Judges].- The ¹[Civil Judges] shall be of two classes.

Jurisdiction of ²[Civil Judge Judge (Senior Division)].- The jurisdiction of a ²[Civil Judge (Senior Division)] extends to all original suits and proceedings of a civil nature.

Jurisdiction of ³[Civil Judge (Junior Division)].- The jurisdiction of a ³[Civil Judge (Junior Division)] extends to all original suits and proceedings of a civil nature wherein the subject matter does not exceed is amount or value ⁴[twenty-five thousand rupees.]

⁵[Provided that the ⁶[⁷[State] Government] may increase the limit of ⁸[twenty-five thousand rupees to forty thousand rupees] in the case of any ³[Civil Judge (Junior Division], of not less than ten years' standing and specially recommended in this behalf by the High Court. A ⁹[Civil Judge] so empowered shall continue to exercise this power so long and as often as he may fill the office of a ³[Civil Judge (Junior Division)] without reference to the District in which he may be employed, unless the powers are withdrawn by ¹⁰[the ⁷State] Government].

Section 25. Special jurisdiction of [Civil Judge (Senior Division)]

25. Special jurisdiction of ¹[Civil Judge (Senior Division)].- A ¹[Civil Judge (Senior Division)] in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature, ²* * * as may arise within the local jurisdiction of the Courts in the district presided over by ³[Civil Judges (Junior Division)] ⁴[and wherein the subject matter exceeds the pecuniary jurisdiction of the ⁵[Civil Judge (Junior Division)] as defined by Section 24.]

In districts to which more than one ¹[Civil Judge (Senior Division)] have been appointed, the District Judge to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised.

Section 26. Appeals from his decision

26. Appeals from his decision.- In all suits decided by a ¹[Civil Judge] ²* * * * of which the amount or value of the subject-matter exceeds ³[twenty-five thousand rupees] the appeal from his decision shall be direct to the High Court.

Section 27. Appellate jurisdiction of [Civil, Judge, (Senior Division)] or Judge of Court of Small Causes

27. Appellate jurisdiction of ¹[Civil, Judge, (Senior Division)] or Judge of Court of Small Causes.- ²[Provincial Government] may invest any ¹[Civil Judge (Senior Division)] ³[or any Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, (IX of 1887), in any place to which this section extends] with power to hear appeals from such decrees and orders of Subordinate Courts as may be referred to him by the Judge of the district.

Decrees and orders so passed in appeal by a ¹[Civil Judge (Senior Division)] ³[or a Judge of a Court of Small Causes] shall have the same force as if passed by a District Judge.

⁴[A ¹[Civil Judge (Senior Division)] or a Judge of a Court of Small Causes, on whom the power of hearing appeals has once been conferred under this section, shall continue to have this power so long and so often as he may fill the office of ¹[Civil Judge (Senior Division)] or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed: Provided that the ²[Provincial Government] may, by notification in the ⁵[Official Gazette], at any time withdraw such power.]

Section 28. Power to invest Civil Judges with small cause powers

¹[28. Power to invest Civil Judges with small cause powers.- (1) The High Court may invest any Civil Judge with the jurisdiction of a Court of Small Causes for the trial of suits cognizable by such courts upto such amount as it may deem proper, not exceeding in the case of a Civil Judge (Senior Division] ²[three thousand rupees] and in the case of a Civil Judge (Junior Division) ³[one thousand and five hundred rupees.]

(2) A Civil Judge (Senior Division) or a Civil Judge (Junior, Division), who is invested with the jurisdiction of a Court of Small Causes under sub-section (1), shall continue to have such jurisdiction within the local limits of his ordinary jurisdiction so long and as often as he may fill the office of Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, without reference to the District in which he may be employed.

(3) The High Court may, whenever it thinks fit, withdraw such jurisdiction from any Civil Judge so invested.]

Section 28-A. Power to invest [Civil Judges with jurisdiction under certain Acts

¹[28-A. Power to invest ²[(Civil) Judges with jurisdiction under certain Acts.- (1) The High Court may by general or special order invest any (Civil) Judge], within such local limits and subject to such pecuniary limitation as may be prescribed in such order, with all or any of the powers of a District Judge or a District Court as the case may be under the Indian Succession Act, 1865, (X of 1865). ³[The 1865 Probate and Administration Act, 1881, (V of 1881) ³[or paragraph 5 of Schedule III to the Code of Civil Procedure, 1908. (V of 1908).

(2) Every order made by a ²[Civil Judge] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject-matter exceeds or does not exceed ⁴[twenty-five thousand rupees].

(3) Every order of the District Judge passed an appeal under sub-section (2) from the order of a ²[Civil Judge] shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals from appellate decrees.]

Section 29. Seal of [Civil Judge]

29. Seal of ¹[Civil Judge].- Each ¹[Civil Judge] shall use a seal one inch and-a-half in diameter, bearing ²[the Asoka Capital Motif] with the following inscription in English and the principal language of the district:- "¹[Civil Judge] of

Section 30

30. [First Subordinate Judges; pending proceedings].- Rep. Act XII of 1876.

Section 31

31. [First Subordinate Judges; pending proceedings].- Rep. Act XII of 1876.

Section 32. Government suits

¹[32. Government suits.- (1) No subordinate court other than the court of a ²[Civil Judge (Senior Division] and no court of small causes shall receive or register any suit in which ³[the Crown] or any officer of the ⁴[Government] in his official capacity is a party.

(2) In every such case the plaintiff shall be referred to the court of the ²[Civil Judge (Senior Division)] and such suit shall be instituted only in the court of the ²[Civil Judge (Senior Division)] and shall be heard by such ⁵[Civil judge], subject to the provisions of Section 24 of the Code of Civil Procedure, 1908. (V of 1908).

(3) Nothing in this section shall be deemed to apply to a suit against the administration of a Government railway; or to apply to any suit merely because an officer of the ⁴[Government] is a party thereto, in his capacity of-

(a) member of a local authority,

(b) curator, guardian, manager or representative of a private person or estate in virtue of an appointment Relegation, declaration or exercise of powers under:-

(i) Order 32, rule A(4) of the code of Civil Procedure, 1908; (V of 1908).

(ii) Section 69 or 71 of the Indian Lunacy Act, 1912; (IV of 1912).

(iii) Section 7, 18 or 42 of the Guardians and Wards Act, 1890; (VII of 1890).

(iv) Section 1 or 17 of the Ahmedabad Talukdars' Act, 1862; (VI of 1862).

(v) Section 3, 19(1), 19(2), 20, 22(1) or 41(1) of the Bombay Court of Wards Act, 1905] (Bom. I of 1905).

Removal or Suspension

Section 33. Commission of inquiry into alleged misconduct

33. [Commission of inquiry into alleged misconduct.]- Omitted by the Adaptation of Indian Laws Order in Council.

Section 34. Suspension of Subordinate Judges by High Court; by District Judge Saving power of Government to suspend or dismiss

34. [Suspension of Subordinate Judges by High Court; by District Judge Saving power of Government to suspend or dismiss].- Omitted, ibid.

Section 35. Temporary vacancy in office of District Judge

PART VII.

Temporary Vacancies.

¹[35. Temporary vacancy in office of District Judge.- In the event of the death of the District Judge or of his absence from his district on leave or of his becoming incapable of acting, the first in rank of the Joint Judges in the district, or in the absence of any Joint Judge the first in rank of the Assistant Judges in the district, or in the absence of any Joint Judge and Assistant; Judge the first in rank of the Civil Judges in the district, shall assume charge of the District Court without interruption to his ordinary jurisdiction, and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution processes, return of writs and the like and shall also dispose of any urgent suits, appeals and other proceedings (including any applications or references under any special Acts) which are or may be filed or pending before the District Judge. The Judge performing such duties and exercising such powers shall be designated Joint Judge, Assistant Judge or Civil Judge, as the case may be, in charge of the district, and shall continue in such, charge until the office of the District Judge may be resumed or assumed by an officer duly appointed thereto.]

Section 36. Delegation of powers of District Judge

36. Delegation of powers of District Judge.- Any District Judge leaving the sadr station and proceeding on duty to any place within his district may ¹[where no Joint Judge is avalable] delegate to an Assistant Judge, or in the absence of an Assistant Judge to ²[Civil Judge] at the sadr station, the power of performing such of the duties enumerated in Section 35 as may be emergent; and such officer shall be designated Assistant or [Civil Judge], as the case may be, in charge of the said station.

Section 37. Temporary vacancy of, office of Subordinate Judge

37. Temporary vacancy of, office of Subordinate Judge.- In the event of the death, suspension or temporary absence of any ¹[Civil Judge], the District Judge may empower the Judge of any subordinate Court of the same district to perform the duties of the Judge of the vacated subordinate Court, either at the place of such Court or his own Court; but in every such case the registers and records of the two Courts shall be kept distinct.

Section 38. Appointment etc., of ministerial officers

PART VIII.

Ministerial Officers.

38. Appointment etc., of ministerial officers.- [Appointment etc., of ministerial officers] Omitted by the Adaptation of Indian Laws Order in Council.

Section 39. Duties of ministerial officers

39. Duties of ministerial officers.- The duties of ¹(the ministerial officers of the Civil Courts) shall be regulated by such rules at the High Court may from time to time prescribe.

Section 40. Power to appoint clerks of the Courts

40. Power to appoint clerks of the Courts.- ¹[There may be appointed to any Civil Court under this Act] a clerk of the Court, who, in addition to such duties as may from time to time be prescribed by the High Court, may receive and register plaints, and shall refer suck as he may consider should be refused for the orders of the Judge of the Court, and may sign all processes, and authenticate copies of papers.

Section 40-A. Power to transfer clerks of the Court of ministerial officer

40-A. [Power to transfer clerks of the Court of ministerial officer.]- Omitted by the Adaptation of Indian Laws Order in Council.

Section 41. Rules for keeping proceedings

PART IX.

Miscellaneous

41. Rules for keeping proceedings.- The proceedings of each Civil Court shall be kept and recorded according to such rules as the High Court may from time to time prescribe. The High Court shall also lay down rules under which copies of papers may be granted.

Section 41-A. Licensed petition-writers

¹[41-A. Licensed petition-writers.- (1) The High Court may, from time to time, make rules consistent with this Act and any other enactment for the time being in force-

(a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate to it;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and

(c) providing a penalty of fine not exceeding fifty rupees for the breach of any of the rules so made, and determining the authority by which such breaches of the rules shall be investigated and the penalties imposed.

(2) Every fine imposed under clause (c) of sub-section (1) shall be recoverable as if it were a fine imposed by a Magistrate in the exercise of his ordinary jurisdiction.]

Section 42. Fees for process

42. Fees for process.- The High Court shall from time to time, with the sanction of the ¹[²[State] Government], prescribe and regulate the fees to be taken for any process issued by any Court the constitution of which is declared by this Act, or by any officer of such Court.

Tables of the fees so prescribed shall be published in the ³[Official Gazette].

Section 43. Sittings of Court Vacation

43. Sittings of Court Vacation.- The District and Subordinate Courts shall sit from day to day except on Sundays. New Year's Day, Good Friday, ¹[and Christmas Day] and such other ??? as may be sanctioned for each or every district by the High Court.

The High Court may also permit the Civil Courts under its control to adjourn for a period or periods not exceeding in the whole sit weeks in each year.

THE SCHEDULE

Enactments Repealed.

[Rep. Act XIV of 1870.]