Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1980*
| [Tamil Nadu Act No. 34 of 1980]* | [23rd October, 1980] |
An Act further to amend the Tamil Nadu Civil Court Act, 1873 and the Madras City Civil Court Act, 1892
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-first year of the Republic of India as follows.
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 6th August, 1980, Part IV -Section 1, pages 251-252.
* Received the assent of the President on the 16th October, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 23rd October, 1980 (Aippasi 7, Rowthiri-2011-Thiruvalluvar Aandu)
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1980.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of Central Act III of 1873.- In the Tamil Nadu Civil Courts Act, 1873 (Central Act III of 1873),-
(1) in section 12, in the second paragraph, for the words "five thousand rupees", the words "fifteen thousand rupees" shall be substituted;
(2) in section 13, for the second paragraph, the following paragraph shall be substituted, namely:-
"Appeals from the decrees and orders of Subordinate Judges and District Munsifs shall, when such appeals are allowed by law, be to the District Court if passed-
(i) before the date of the commencement of the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1980, except when the amount or value of the subject matter of the suit exceeds rupees ten thousand in which case the appeal shall be to the High Court; and
(ii) on or after the date of the commencement of the said Act except when the amount or value of the subject matter of the suit exceeds rupees thirty thousand in which case the appeal shall be to the High Court.
3. Amendment of Central Act VII of 1892.- In the Madras City Civil Court Act, 1892 (Central Act VII of 1892),-
(1) in section 3-A, for the words "fifty thousand rupees", the words "one lakh of rupees" shall be substituted;
(2) in section 15,-
(a) in sub-section (1), for the words "ten thousand rupees", the words "thirty thousand rupees" shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2-A) An appeal shall be to the Principal Judge from any decree or order appealable under the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) passed in any suit of proceeding by a judge other than the Principal Judge or an Additional Judge on of after the date of the commencement of the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1980, where the amount or value of the subject matter does not exceed thirty thousand rupees."
4. Transitory provision.- (1) All suits pending in the High Court on the date of the commencement of this Act and which would be within the cognizance of the Madras City Civil Court under the provisions of the Madras City Civil Court Act, 1892 (Central Act VII of 1892) as amended by this Act shall stand transferred to the Madras City Civil Court.
(2) All suits and proceedings of which the amount or value of the subject matter exceeds rupees five thousand but does not exceed rupees fifteen thousand pending in any Sub-Court, or District Court, as the case may be, on the date of the commencement of this Act, shall stand transferred to the Court of the District Munsif having jurisdiction over the matter.