Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1995*
| [Tamil Nadu Act No. 28 of 1995] | [4th October, 1995] |
An Act further to amend the Tamil Nadu Civil Courts Act, 1873 and the Madras City Civil Court Act, 1892
Be it cnacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-sixth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 27th September, 1995 and published in the Tamil Nadu Government Gazette, Extraordinary, No. ???, dated October 4, 1995.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1995.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of Central Act in 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 "fifteen thousand rupees", the words "thirty 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, 1995 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; and
(ii) on or after the date of the commencement of the said Amendment Act except when the amount or value of the subject matter of the suit exceeds rupees one lakh in which case the appeal shall be to the High Court.
(3) In section 28,
(i) for the words "two thousand rupees", the words "twenty thousand rupees" shall be substituted;
(ii) for the words "five hundred rupees, the words "five thousand rupees" shall be substituted.
3. Amendment Central Act II of 1892.- In the Madras City Civil Court Act, 1892,-
(1) in section 3-A, for the words "one lakh of rupees", the words "ten lakhs of rupees" shall be substituted;
(2) in section 15,-
(i) in sub-section (1), for the words "thirty thousand rupees", the words "one lakh of rupees" shall be substituted;
(ii) for sub-section (2-A), the following sub-section shall be substituted, 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 or proceeding by a Judge other than the Principal Judge or an Additional Judge,-
(a) before the date of the commencement of the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1995, where the amount or value of the subject-matter does not exceed thirty thousand rupees; and
(b) on or after the date of the commencement of the said Amendment Act, where the amount or value of the subject-matter does not exceed one lakh of rupees.
4. Transitory rovision.- (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 fifteen thousand but does not exceed rupees thirty thousand and 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.
Secretary to Government