Rajasthan act 015 of 2014 : Rajasthan Civil Courts (Amendment) Act, 2014

Preamble

Rajasthan Civil Courts (Amendment) Act, 20141

[Act 15 of 2014][8th August, 2014]

An Act further to amend the Rajasthan Civil Courts Ordinance, 1950.

Be it enacted by the Rajasthan State Legislature in the Sixty-fifth Year of the Republic of India, as follows-

1 Received the assent of the Governor on the 8th day of August, 2014.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Rajasthan Civil Courts (Amendment) Act, 2014.

(2) It shall come into force at once.

Section 2. Amendment of Section 5, Rajasthan Ordinance 7 of 1950

2. Amendment of Section 5, Rajasthan Ordinance 7 of 1950.- In Section 5 of the Rajasthan Civil Courts Ordinance, 1950 (Ordinance 7 of 1950), hereinafter referred to as the principal Ordinance,-

(i) in sub-section (2), for the existing expression "Court of Civil Judge/Additional Civil Judge (Senior Division)" and to "Civil Judge/Additional Civil Judge (Senior Division)", the expression "Court of the Senior Civil Judge/Additional Senior Civil Judge" and to "Civil Judge/Additional Civil Judge" shall be substituted; and

(ii) in sub-section (3), for the existing expression "Court of the Civil Judge/Additional Civil Judge (Senior Division)" or the "Civil Judge/Additional Civil Judge (Senior Division)" and the "Court of the Civil Judge/Additional Civil Judge (Junior Division)" or the "Civil Judge/Additional Civil Judge (Junior Division)", the expression "Court of the Senior Civil Judge/Additional Senior Civil Judge" or the "Senior Civil Judge/Additional Senior Civil Judge" and the "Court of the Civil Judge/Additional Civil Judge" or the "Civil Judge/Additional Civil Judge" shall be substituted.

Section 3. Amendment of Section 6, Rajasthan Ordinance 7 of 1950

3. Amendment of Section 6, Rajasthan Ordinance 7 of 1950.- In Section 6 of the principal Ordinance, for the existing clauses (3) and (4) of Section 6, the following shall be substituted, namely-

"(3) the Court of the Senior Civil Judge/Additional Senior Civil Judge; and

(4) the Court of the Civil Judge/Additional Civil Judge.".

Section 4. Amendment of Section 7, Rajasthan Ordinance 7 of 1950

4. Amendment of Section 7, Rajasthan Ordinance 7 of 1950.- In Section 7 of the principal Ordinance, for the existing expressions "Civil Judge (Senior Division)" or "Civil Judges (Senior Division)" and "Civil Judge (Junior Division)" or "Civil Judges (Junior Division)", wherever occurring in sub-sections (2), (3) and (4), the expressions "Senior Civil Judge" or "Senior Civil Judges" and "Civil Judge" or "Civil Judges" shall be substituted respectively.

Section 5. Amendment of Section 11, Rajasthan Ordinance 7 of 1950

5. Amendment of Section 11, Rajasthan Ordinance 7 of 1950.- In Section 11 of the principal Ordinance, for the existing expression "Civil Judge (Senior Division)", wherever occurring in sub-sections (1) and (2), the expression "Senior Civil Judge" shall be substituted.

Section 6. Amendment of Section 12, Rajasthan Ordinance 7 of 1950

6. Amendment of Section 12, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 12 of the principal Ordinance and in sub-sections (1) and (2) thereof, for the existing expressions "Civil Judges (Senior Division)" and "Civil Judges (Junior Division)", wherever occurring, the expressions "Senior Civil Judges" and "Civil Judges" shall be substituted respectively.

Section 7. Amendment of Section 12-A, Rajasthan Ordinance 7 of 1950

7. Amendment of Section 12-A, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 12-A of the principal Ordinance and in sub-sections (1) and (2) thereof, for the existing expressions "Civil Judge (Senior Division)" or "Civil Judges (Senior Division)", "Additional Civil Judge (Senior Division)" or "Additional Civil Judges (Senior Division)" and "Civil Judge (Junior Division)" or "Civil Judges (Junior Division)", wherever occurring, the expressions "Senior Civil Judge" or "Senior Civil Judges", "Additional Senior Civil Judge" or "Additional Senior Civil Judges" and "Civil Judge" or "Civil Judges" shall be substituted respectively.

Section 8. Amendment of Section 13, Rajasthan Ordinance 7 of 1950

8. Amendment of Section 13, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 13 of the principal Ordinance and in section itself, for the existing expression "Civil Judges (Senior Division) and Civil Judges (Junior Division)", wherever occurring, the expression "Senior Civil Judges and Civil Judges" shall be substituted.

Section 9. Amendment of Section 14, Rajasthan Ordinance 7 of 1950

9. Amendment of Section 14, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 14 of the principal Ordinance and in sub-sections (1), (3) and (4) thereof, for the existing expressions "Civil Judge (Senior Division)" and "Civil Judge (Junior Division)", wherever occurring, the expressions "Senior Civil Judge" and "Civil Judge" shall be substituted.

Section 10. Amendment of Section 19, Rajasthan Ordinance 7 of 1950

10. Amendment of Section 19, Rajasthan Ordinance 7 of 1950.- For the existing Section 19 of the principal Ordinance, the following shall be substituted, namely-

"19. Jurisdiction of other Civil Courts.- (1) Subject as aforesaid,-

(i) the Court of a Senior Civil Judge shall have jurisdiction to hear and determine any suit or original proceedings of a civil nature of which the value does not exceed five lakh rupees, and

(ii) the Court of a Civil Judge shall have jurisdiction to hear and determine any suit or original proceedings of which the value does not exceed two lakh rupees.

(2) Notwithstanding anything contained in sub-section (1), the suits or proceedings already instituted on the date of commencement of the Rajasthan Civil Courts (Amendment) Act, 2014 (Act 15 of 2014) may be heard and determined by the same court wherein such suit or proceeding has been instituted.".

Section 11. Amendment of Section 21, Rajasthan Ordinance 7 of 1950

11. Amendment of Section 21, Rajasthan Ordinance 7 of 1950.- In Section 21 of the principal Ordinance,-

(i) in the marginal heading, for the existing expression "Civil Judges (Senior Division) and Civil Judges (Junior Division)", the expression "Senior Civil Judges and Civil Judges" shall be substituted;

(ii) in sub-section (1), for the existing expressions "Civil Judge (Senior Division)" and "fifty thousand rupees", the expressions "Senior Civil Judge" and "five lakh rupees" shall be substituted; and

(iii) in sub-sections (2) and (4), for the existing expressions "Civil Judge (Junior Division)" and "Civil Judge (Senior Division)", wherever occurring, the expressions "Civil Judge" and "Senior Civil Judge" shall be substituted respectively.

Section 12. Amendment of Section 22, Rajasthan Ordinance 7 of 1950

12. Amendment of Section 22, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 22 of the principal Ordinance and in sub-section (1) thereof, for the existing expressions "Civil Judge (Senior Division)" or "Civil Judges (Senior Division)" and "Civil Judges (Junior Division)", wherever occurring, the expressions "Senior Civil Judge" or "Senior Civil Judges" and "Civil Judges" shall be substituted respectively.

Section 13. Amendment of Section 23, Rajasthan Ordinance 7 of 1950

13. Amendment of Section 23, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 23 of the principal Ordinance and in sub-sections (1), (3) and (4) thereof, for the existing expression "Civil Judge (Senior Division)", wherever occurring, the expression "Senior Civil Judge" shall be substituted.

Section 14. Amendment of Section 24, Rajasthan Ordinance 7 of 1950

14. Amendment of Section 24, Rajasthan Ordinance 7 of 1950.- In the marginal heading of Section 24 of the principal Ordinance and in the section itself, for the existing expressions "Civil Judge (Senior Division)" or "Civil Judges (Senior Division)" and "Civil Judge (Junior Division)" or "Civil Judges (Junior Division)", wherever occurring, the expressions "Senior Civil Judge" or "Senior Civil Judges" and "Civil Judge" or "Civil Judges" shall be substituted respectively.

Notification

LAW (LEGISLATIVE DRAFTING) DEPARTMENT

(GROUP II)

NOTIFICATION

Jaipur, August 11, 2014

No. F. 2(30) Vidhi/2/2014.- The following Act of the Rajasthan State Legislature which received the assent of the Governor on the 8th day of August, 2014 is hereby published for general information-