Preamble
1Orissa Civil Courts Act, 1984*
| [Orissa Act No. 18 of 1984] | [30th July, 1984] |
An Act to Consolidate and Amend the Law Relating to Civil Courts in Orissa
Be it enacted by the Legislature of the State of Orissa in the Thirty-fifth Year of the Republic of India, as follows:-
Section 1. Short title, extend and commencement
1. Short title, extend and commencement.- (1) This Act may be called the Orissa Civil Courts Act, 1984.
(2) It extends to the whole of the State of Orissa.
*(3) It shall come, into force on such date as the State Government may, by notification, appoint in this behalf.
Section 2. Classes of Civil Courts
2. Classes of Civil Courts.- (1) There shall be the following classes of Civil Courts under this Act, namely:-
(a) The court of the District Judge which shall include the Court of the Additional District Judge;
(b) The court of the Subordinate Judge which shall include the court of the Additional Subordinate Judge; and
(c) The court of the munsif which shall include the court of the Additional Munsif.
(2) The court of the District Judge shall be the principal court of original civil jurisdiction in the district.
Explanation:-For the purpose of this sub-section the expression "District Judge" shall not include an Additional District Judge.
Section 3. Number of Courts
3. Number of Courts.- The State Governent may, from time to time on the recommendation of the High Court, determine the number of courts of District Judges, Additional District Judges, Subordinate Jugdes, Additional Subordinate Judges, Munsifs and Additional Munsits.
Section 4. Vacancies in the offices of District Judges and Subordinate Judges
4. Vacancies in the offices of District Judges and Subordinate Judges.- (1) Whenever the office of the District Judge or of the Subordinate Judge is vacant by reason of death, resignation or removal of the Judge, or due to any other reason, or whenever an increase in the number of courts of District or Subordinate Judges has been made under the provisions of Section 3, the vancacy may be filled up by appointment, in the case of a District Judge, by the Governor in consultation with the High Court and in the case of a Subordinate Judge, by the High Court.
(2) The High Court may appoint a District Judge or a Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be.
Section 5. Additional Judge
5. Additional Judge.- (1) Whenever the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the Governor may, after consultation with the High Court, appoint such number of Additional Judges as may be necessary.
(2) The Additional Judges so appointed shall, subject to the general or special order of the High Court, discharge all or any of the functions of the District Judge as are assigned to them cither under this Act or under any other law for the time being in force and in discharge of such functions they shall exercise the same powers as a District, Judge.
Section 6. Administrative control of courts
6. Administrative control of courts.- Subject to the superintendence of the High Court, the District Judge, shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.
Section 7. Temporary charge of District Courts
7. Temporary charge of District Courts.- (1) In the event of the death, resignation, removal or transfer of a 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 and unless any other arrangement has been made by the High Court, the Additional District Judge or if an Additional District Judge is not present at that place, the seniormost judicial officer exercising civil powers present and available 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, of assumed by an officer appointed thereto.
(2) While in charge of the office of the District Judge, the Additional District, Judge or the seniormost judicial officer exercising civil powers, as the case may be may, subject to any rules which the High Court may make in this behalf exercise any of the powers of the District Judge.
Section 8. Transfer of proceedings on vacation of office of subordinate Judge or Munsif
8. Transfer of proceedings on vacation of office of subordinate Judge or Munsif.- (1) In the event of the death, resignation or removal of a Subordinate Judge or of his being incapacitated by illness or otherwise for the performance of his duties or in the event 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 Subordinate Judge either to his own court or to any court under his administrative control competent to dispose of them:
Provided that the District Judge may transfer to the court of the Subordinate Judge or his successor any proceedings transferred to his or any other court:
Provided further that in respect of proceedings not pending in the Court of Subordinate Judge, on the occurrence of an event referred to above and with respect to which the Subordinate Judge has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that court.
(2) Proceeding transferred under sub-section (1) shall be disposed of as if they had been instituted in the court to which they are so trasferred.
(3) The provisions contained in sub-sections (1) and (2) shall, mutatis and mutandis, apply to proceedings pending in the court of a Munsif.
Section 9. Power to fix local limits of jurisdiction of Courts
9. Power to fix local limits of jurisdiction of Courts.- (1) The State Government, may in consulation with the High Court and by notification, fix and after the local limits of the jurisdiction of any Civil Court established under this Act.
(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or two or more Munsifs, the district Judge may, subject to any general or special orders of the High Court, assign to each of them such civil business cognizable by the Subordinate Judge or Munsif, as the case may be, as he thinks fit:
Provided that a decree or order passed by the Sub-ordinate Judge or Munsif 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 of which the civil business is assigned by the District Judge, if the place is within the local limits fixed by the State Government under sub-section (1).
(3) A Judge of a Court of small causes appointed to be also a Subordinate Judge or Munsif, shall be deemed to be a Subordinate Judge or Munsif, as the case may be, for the purposes of this section.
Section 10. Place of sitting of Courts
10. Place of sitting of Courts.- The State Government may, in consulation with the High Court and by notification, fix and after the place of sitting of any Civil Court established under this Act.
Section 11. Holidays and vacations
11. Holidays and vacations.- (1) The Civil Courts, in the State shall remain closed on such days as the High Court, in consultation with the State Government, notifies in the official gazette for the whole of the State or for any local area.
(2) The Civil Courts shall have three vacations each year viz. Summer Dasera and Wintet and the total period of the three vacations inclusive of Sundays and other holidays ailing within them shall not exceed sixty days and the High Court shall fix the period of each vacation.
(3) Notwithstanding anything contained in this Act of in the Code of Civil Procedure, 1908 (5 of 1908), the High Court may, by general or special order, make such arrangement as it deems fit for the disposal of urgent matters arising during the vacations.
(4) The Jurisdiction of the vacation Judge shall extend to such matters as the hgih Court may, by order, determine.
(5) Notwithstanding any arrangement made under sub-section (3) or sub-section (4), all the Civil Courts shall, for the purposes of the Limitation Act, 1963 (36 of 1963), be deemed, to be closed during the three vacations.
(6) A Judicial act done by a Civil Court on a holiday notified as such shall not be invalid by reason only of its having been done on such holiday unless it has caused, prejudice to any party.
Section 12. Seals of Courts
12. Seals of Courts.- Every Civil Court established under this Act shall use seal of such form and dimensions as are prescribed by the High Court.
Section 13. Continuance of proceedings of Courts ceasing to have jurisdiction
13. Continuance of proceedings of Courts ceasing to have jurisdiction.- (1) Where any Civil Court established under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceedings in relation to that case which, it 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 trasferred:
Provided that it such proceeding relates to a part-heard case it shall continue in the file of the court ceasing to have jurisdiction up to the stage of delivery of the judgement.
(2) Nothing in this section shall apply 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 (5 of 1908) or in any other enactment for the time being in force.
Section 14. Extent of original jurisdiction of District or Subordinate Judge
14. Extent of original jurisdiction of District or Subordinate Judge.- Save as otherwise provided by any enactment for the time being in force the jurisdiction of a District Judge or Subordinate Judge extends subject to the provisions of section 15 of the Code of Civil Procedure, 1908 (5 of 1908), to all orginal suits for the time being cognizable by Civil Courts.
Section 15. Extent of jurisdiction of Munsif
15. Extent of jurisdiction of Munsif.- (1) Save as aforesaid, the jurisdiction of a Munsif extends to all like suits of which the value does not exceed four thousand rupees.
(2) The High Court may, by notification, with respect to any-Munsif named therein, direct that his jurisdiction shall extend to all like suit, of such value not exceeding ten thousand rupees as may be specified in the notification.
Section 16. Appeals
16. Appeals.- (1), Save as otherwise provided by any enactment for the time being in force,-
(a) an appeal from a decree or order of a District Judge or Additional District Judge shall lie to the High Court;
(b) an appeal shall not lie to the High Court from a decree or order of a Additional District Judge in any case, in which if the same had been made by the District Judge an appeal would not lie to the High Court.
(2) Save as aforesaid, an appeal from the decree or order of a Subordinate Judge shall, lie-
(a) to the District Judge, where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed 1[one lakh rupees]; and
(b) to the High Court, in any other case.
(3) Save as aforesaid an appeal from the decree, of order of a Munsif shall lie to the District Judge.
(4) Where the function of receiving any appeals which lie to the District Judge under sub-section (2) or subjection (3) has been assigned to an Additional District Judge, the appeals may be preferred in the Court of such Additional District Judge.
(5) The High Court may, by notification, direct that any or all appeals referred to in sub-section (3) shall be preferred in the Court of any subordinate Judge mentioned in the notification, and the appeals shall, thereupon, be preferred accordingly.
Section 17. Power to transfer to Subordinate Judges, appeals from Munsifs
17. Power to transfer to Subordinate Judges, appeals from Munsifs.- (1) Any appeal pending before a District Judge from the decree or order of a Munsif may be transferred by the District Judge to any Subordinate Judge under his administrative control.
(2) The District Judge may withdraw any appeal so transferred and either hear and dispose of it himself or transferred it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge.
Section 18. Proceedings under Indian Succession Act, 1925
18. Proceedings under Indian Succession Act, 1925.- (1) The High Court may, by gereral or special order, authorise any Subordinate Judge to take cognizance of, or any District Judge to transfer to a Subordinate Judge under his administrative control, any proceedings or class of proceedings under the Indian Succession Act, 1925 which cannot be disposed by a District Delegate.
Explanation-"District Delegate" means a District Delegate within the meaning or section 265 of the Indian Succession Act, 1925 (39 of 1925).
(2) The District Judge may withdraw any proceeding referred to in sub-section (1) to his own file and may dispose of them himself of may transfer them to a competent court under his administrative control.
(3) Proceedings taken cognizance of by or transferred to a Subordinate Judge shall be disposed of by him according to the rules applicable to like proceedings when dealt with by the District Judge.
Section 19. Conferring jurisdiction under Small Cause Courts Act
19. Conferring jurisdiction under Small Cause Courts Act.- The High Court may by notification, confer, within such local, limits as it thinks fit, upon any Subordinate Judge or Munsif or jurisdiction to try suits under the Provincial small Cause Courts Act, 1887 (9 of 1987) up to such amount as it may deem proper but not exceeding in the case of a Subordinate Judge the value of two thousand and five hundred rupees and in the case of a Munsif one thousand rupees.
Section 20. Investing Subordinate Judges with powers under certain Acts
20. Investing Subordinate Judges with powers under certain Acts.- (1) The High Court may, by notification, invest any Subordinate Judge within such local limits and subject to such pecuniary limitations as it may deem fit, with all or any of the powers of a District Judge under any of the following Acts, namely:-
(i) Indian Divorce Act, 1869 (4 of 1869)
(ii) The Guardians and Wards Act, 1890 (8 of 1890)
(iii) The Hindu Minority and Guardianship Act, 1956, and (82 of 1956)
(iv) The Indian Lunacy Act, 1912 (4 of 1919).
(2) An appeal against every order made by a Subordinate Judge by virtue of the powers conferred upon him under sub-section (1) shall lie to-
(i) the District Court when the amount or value of the subject-matter is less than twenty-five thousand rupees; and
(ii) the High Court in other cases.
(3) An appeal against every order of the District Judge passed in an appeal under sub-section (2) shall lie to the High Court under the rules contained in the Code of Civil Procedure, 1908 (5 of 1908) applicable to appeals from appellate decrees.
Section 21. Powers of Civil Courts to other officers
21. Powers of Civil Courts to other officers.- (1) The State Government may, after consultation with the High Court, invest any officer with the powers of any Civil Court under this Act by name or by virtue of office.
(2) Where the place at which the Court of such officer invested with powers under sub-section (1) is to be held has not been fixed under Section 10, he may hold court at any place within the local limits of his jurisdiction.
(3) Nothing in Section 3, 4, 5, 7, or 8 shall apply to such officer, but all other provisions of this Act shall, so far as those provisions can be made appliccable, apply to him as if he were a judge of the Court with the powers of which he is invested.
Section 22. Rules of decisions
22. Rules of decisions.- (1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste or any religious usage or institution, the personal law of the parties, be they Hindus or Mohammedans, as the case may be, shall form the rule of decision, except in so far as such law has, by legislative enactment, been altered or abolished.
(2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the Court shall act according to Justice, equity and good conscience.
Section 23. Judge not to try suits in which he is personally interested
23. Judge not to try suits in which he is personally interested.- (1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a party or in which he is personally interested.
(2) The presiding officer of an appellate Court under this Act shall not hear an appeal against a decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, he shall forthwith transmit the record of the case to the Court to which he is immediately subordinate with a report of the circumstances attending the reference.
(4) The superior Court shall, thereupon, dispose of the case under Section 24 of the Code of Civil Procedure, 1908 (5 of 1908).
(5) Nothing in this Section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.
Explanation-The Presiding Officer of a court subject to the administrative control or the District Judge shall be deemed to be immediately Subordinate to the Court of such District Judge and for the purposes of the Code of Civil Procedure 1908 (5 of 1908), the court presided over by such an officer shall be deemed to be of a grade inferior to that of the court of the District Judge.
Section 24. Application of Acts to Courts of Small Causes
24. Application of Acts to Courts of Small Causes.- The provisions contained in Sections 11, 22 and 23 shall apply to courts of small causes constituted under the provincial shall Cause Courts, Act, 1887 (9 of 1887) and save as otherwise provided in that Act, the other provisions of this Act shall not apply to such courts.
Section 25. Repeal and savings
25. Repeal and savings.- (1) With effect from the date of coming into force of this Act, the Bengal, Agra, and Assam Civil Courts Act, 1887 (12 of 1887) shall stand repealed in its application to the State of Orissa.
(2) Notwithstanding such repeal, all courts constituted, appointments made, rules framed, notifications and orders issued, jurisdictions and powers conferred and lists published under the Act so repealed shall be deemed to have been respectively constituted, made, framed, issued, conferred and published under this Act.