DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Madras City Civil Court Act, 1892
Act 7 of 1892
Keyword(s):
City Court, City of Madras, High Court, Small Cause Court
Amendments appended: 5 of 1916, 1 of 1945, 10 of 1955, 34 of 1980, 30 of 1982, 28 of 1995, 21 of 1997, 1 of 2004, 19 of 2010
1
142 Mccclraa City Civil Court [1892: Cen. Act VII
TEE MADRAS CITY CIVIL COURT ACT, 1892.
CONTENTS.
SECTIONS.
1 Title.
2 Definitions.
3 Constitution of the City Court. 8-A Power of State Government to enhance the juriadiotion of the City Court. I
4 ' Powers of Judges of City Court. I
5 Judge of City Courti to be Judge of Small
Cause Court. 6 [Repealed.]
7 Ministerial Offioera.
8 Questions sriring in suits, eto., under Aot to
. be dealt with according to law adminis- tered by High Court.
9 [Repealed.]
10 Procesa-fees.
1 1 Appointment of Reoeirerr. 12 [Repealed.]
13 [Repealed. 1
14 Allowance for fees paid in City Court in csroa removed to High Court.
16 Appeals.
16 Saving of original oivil j~rirdict~ion of High Court.
17 Seal to be used.
18 Holidayo and vaoations.
2
1892: Cen. Act VIq Madras City Civil Court 143
ACT No. VII OF 1892l. [THE MADRAS CPY CIVIL COURT ACT, 1892.Ia
An Act to establish an additional Civil Court for the City of Madras.
WHEREAS i t is expedient t o establish an additional Civil Court for the City of Madras; It is hereby enacted as follow8 :-
I. (1) This Aot may be called the Madras City ~ i t ~ , . Civil Court Act, 1892.
2. In this Act, unless there is something repug- l>,finitions. nant in the subject or context,-
(1) "City Court" means the Court established under the next following section;
(2) "City of Madras" means the area within the local limits for the time being of the ordinary original civil jurisdiction of the High Court:
(3) "High Court" meana the High Court of Judicature at Madraa ; and
(4) "Small Cause Court" means tho Court of Small Causes of Madras.
-- ---- 9
1 For Statement of Objects rarrcl Itoaqoas, see Qa?eU@ of India,
1891, Pt. V, P. 144 ; for Prel lninary Report of the Select ('ommittee,see aazefrr? of I?iclin. I b02. Pt. V, p. I) ; for Further ltoport. sce ibid, p. 40 ; nrid for ti o B~llol Itoport, acl. i i~ id , p. 60 ; for Pn)ceotlingn in Co~~ncil. nee i l id . 1891. Pt,. VT. p. 119 ; r~nd
ibirl, 1,.02, Pt. V1, pp. 6, 13, 20, 23, 37. 57 llnd 01.
2 See also the Mntlras City Civil Court and Presidorlcy Small Cause Courts(Amendment) Act, 1916 (Tamil Nadu Act V of 1016).
8 The word "end" sub-section (2) were repealed by the Repe-
aling end Amemding Aot,l914 (Central Aot X M of 1914). e. 3 md Soh. 11.
3
144 Xadras City Civil Court E1892: Cen. Act VII
Ooautitutioa 8. The l[State Government] may, by notification
th*C)ity in the Official Gazette,esta;blish a Court, to be called the d6drt. Madras City Civil Court, with jurisdiction to reoeive, try and dispooe of all auits and othcr procaodinga of
(I civil nature 1106 exceeding two thousctnd five
hundred rupees In value and arising within the
City of Madras, except suits or proceedings whioh are
cognizable-
(a) by the High Court as a Court of Admiralty or Vioe-Admiralty or as a Colonial Court of Admiralty, or rts a Court having testamentary, intes!ate or
matrir nonial jurisdiction, or
(b) by the Court for the relief of insolvent debtors, or
(c) by the Small Couae Court. Powor of
Stat. a[8-A. Subjeot to the exoeptions speoified in Uovornment to section 3, the l[State Government] may, by notiljloa- pbanoe the urisaiotion of tion in the Official Gazette, invest the City Court
! k o a i ~ C ~ U F * . with jurisdictionto reoeive, try and dispose of a11 suits and other proceedings of s civil nature arising within the City of Madrae and of such value not
exoeeding 3[fifty thousand r u p ~ ] t a may be specified in the notification.]
Pewora of
Jnws of City '[4. ( I ) The City Court &dl aonrirt of a Prind- Court. pal Judge and sueh number of Additional or Alsiahnt Judger as the State Governmat may from timo to time 8ppoint.
I
1 The words "Provincia1 Governmentw were substituted for the words "Local ~overnment" by the Adapt~ t ion Order of 1937 and the word "St*to" was substituted for " P r ~ v i ~ c i a l " by the Adaptation Order of 1950.
8 Section 3-A was inserted by section 2 of the Madras City Civil Court (Amendment) Act, 1934 (Madras Act I of 1936).
8 These words were substituted for the words "ten thousand rupeess" by section 2 of the Madras City Civil Court (Amend.
mmt) Aot, 1955 (Tsmil Nadu Aot X of 1955), which was brou&t into form on the 1st July 1966.
4 This section was substituted for the origin4 Mior( ~y r.otion 8, ibid.
4
fl92 : Cen. Act VII] Hadras City Civil Courr 146
(2) Subject to the provisions of section 15, tsc 1 1
*of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force.
(3) The l'rincipal Judgo lntly from time to time
make such al~angemonts as he may think fit fur the distribntion of tho businem of the Court among the various Judges thereof.]
5. (1) Every person appoint~d a Judge of the City Judge of c i ty
Court to be Court shall bo, by virtue of his office, a Judge of )he Judge of Snal, Small Cause Court with respect to cnsos cognizable Cause ~ o u r t . by that Court.
(2) Every sach Jttdge shall be liablo to perform
any dutics of a Judge of tho Small C;
6. '[ I
2[7. (1) Tl~c\~c sliall bo appoii~tetl to tho City Ministerial Court as uiany clerlts, bailiffs and oth,hr Ministerial Oficere.
Officers as the 3[Stoate] Governm~nt may fr jm time to time consider neceasar y .
(2) The clerks, bailiffs and other Minisferial offi:ers so appointed shall exercise such powers and discharge such dutics of a lnirlisterial nature as '[ J thep,illcipal Judge, may from t;nle to time direct.] Ql~estionu
8. ~ l l questio~ls whwh arise in suits or other arising in suits, ! proceedifigs under t l k Act in the City Courl shall etc., under Aet ttobe dealt with be deslt \I ith and cietermil~cd ~ccc) rdi~lg to the law to
for the time being administered by the High Court law ,adminirte- in the exercise of its ordinary o r i g i d civil jurisdic- g:2 =gh
-. tion. - -- -
1 This section was omitted by sec'tion 4 of the Madras City
~iv' i l Court (Amendment) Act, 1965 (Tamil Nadu Act, X O F
1966).
2 This section was substituted for the original section 7 by the Adaptation Ordcr of 1937.
This word wns substitlltcd for tho word '.Provinoial" by the Adaptation Ordcr of 1950.
4 The words "tho Judge or, when tho C ~ u r t conhists of more than one Judge," wore omitted by saction 5 of the Madras City
civil Cgw i (Amendment) Act, t9.55 (Tam11 Nadu Act X ~f 1965).
5
I46 Madrm City Civil Court [1892: Cem Act vII
~rooess-fees. 10. Fees chargeable for serving or executing processes issued by the City Court, or served or executed under its direotion or oontrol. ehaU be suoh
as the High Court may preeoribe with the approval of the S[Stnte Government] * * * * ,
Appointment of 11. The poqers oonferred by Chapter XXXVI of
R".ivors. the Code of Civil Procedure5 on High Courts and Diatrict Courts as to the appointment of Reoeivers, may be exeroised by the City Court or any Judge of 1882.
thereof.
12. [Amendment of Central Act XV of 1882, section 313. Repealed by the Repealifig Act, 1938 (Central Act I of 1938).
~l iowence for 14. When, under lrection 13 of the Letters Patent fees paid in for the High Court, dated the twenty-eighth day of City Court ir ,, ,emved December, 1865, or under section 26 of the Code of
to High Court. Civil Prooedure, the High Court has removed for central trial by itself any suit from the City Court, fees on ~,,t x ~ v
the saale for the time being in form in the High Court of 1883. as ts Court of ordinary original civil jurisdiction shall be payable in that Court in respect of the suit and proceedings therein :
1 Sections 9 and 13 were omitted by section 86 of the Tamil
Nadu Court-fees and Suit8 Valuation Act, 1955 (Tenlil Nadu .4cb
XIV of 1955), which came into force on the 19th May 1956.
9 For feea prescribed for serving endexecuting processes issued
by th. Madres City Civil Court, em Fort B. George Q a z e t ~
1892, Pt. I, p. 1563.
8 Thisexpression was eubstituted for the expreesion "State. Governmeat of Madras" by the Tamil Nedu Adaptation of L a w
Order, 1970, which wae deemed to have come into force on the
14th January 1960.
4 The words "and (he sanction of the Governor-(3enerel in
Counoil" were omitted by the Decentrelimbion Act, 1914 (0-tmb
Ac) IV of 1914), 8. 2 and Bchedule.
' 8~ now Lbe Code of Civil Procedure, 1908 (hfrsl A06 v *$
1908).
6
1892: Coo. Aet VII] Ma&ao City Civil Coltrt 147
Provided that, in the levy of any such fees whioh, aooording to the preotioe of the Court, ere credited
to the Government, credit ehall be given to the plaintiff in the suit for any fee which in the City Court he hm already paid under the Court-fees Aot, 1870*, on the plaint.
l[15. (1) An appml shall lie to the High Court Appeal'.
from any decree or order appealable under the provi-
C e a t r ~ ~ eions of the Code of Civil Procedure, 1008,
ActV in any - suit or proceeding where the amount of 1908. or value of the subject-matter exceede ykn
thousand rupees] or where the decree or order appealed from was pmsed by the Principal Judge or an Addi- tional Judge.
8[(2) An appeal shall lie to the Principal Judge from any decree or order appealable under the prod- siom of the Code of Civil Procedure, 1908 passed
Act v in any suit or proceeding-
o f 1908.
(a) where the amount or value of the subject- matter does not exceed tive thousand rupees-
(i) by a Judge &her than the Principal Judge before the 1st July 1955 ; or
(ii) by an Assistant Judge on Or after the let July 1956 ; or
(b) where such amount or value does not exwed ten thousand rupees, by an Assistant Judge, on or after the data of the commencement of the
Madras City Civil Court (Amendment) Act, 1971 .]
1 This reation WM substituted for the original motion by sea tion 6 of the Madras City Civil Court (Amendment) Act, 1955 (Temil Nadu Aot X of 1965).
S These words were subatit,uted for the words ''fi~-e thousand rupw*' by the Medres City Civil Court (Amendment) Act, 1971 (TemilNdu Act 18 of 1971).
8 This sub-motion was substituted for the original sub-metion by iMd.
aled in its a plication to thg stet8 af Tamil Nadq br Ts?$sdu Aot XI! of 1916.
7
148 Madras City Civil Court [I892 : Cen. Act VII
(8) X second appeal sliall lie to tho High Court from any decree passed by the Principal or an Addi-
tional Judge in the exercise of hie appellate jurisdic- tion on all or any of the grounds mentioned in section
C?entrel 100 of the Code of Civil ProcedmSe, 1908. Aot V of
1908. (4) Subject in other rerpects to the provisions of the *Indian Limitation Act, 1908 (Centrsl Acb IX of
1908), the period of lirnibation for an appeal from a
decree or order in any of the cast% specified in sub- section~ (1) and (3) ah211 be ninety days and in any of the oases specified in sub-seation (2) shall be thirty days.
(6) The Principal Judge may from time to time transfer for dispos 11 ,I ppe,:ls prcferrcd under sub- section (2), to any Additional Judge and may a t any time withdraw such transferred appeals and dispose of them himself.]
16. Nothing in this Act, contained shall affect the
SPVUW
~ ~ c i g i ~ l n l oivil
I criYdiocion i b f High
Provided thet- ':aurt. (1) if any suit or other proceeding is instituted in the High Court which, in the oyiirion of the Judge who tries thc same (whom opinioli shall be final), ought to have been institi~ted irxthe City Court, no costs sball be allewed toa success1111 pl-lintiff and a successful defendant shall be allowed the cchsts '[at the maxi~lium :~diniesiblo 1111der tho Madras High Court
Fees Rules for suits set down for final disposal] ;
(2) in any ~ u i t or other procucdi~lg pending a t
any t'n-e i : ~ the 1-T;gh Co~irt, nnr- Juc'gs c>f R[:C!I Con-C
may, st any stago thereof make an order transferring the same to the City Court if in hk opinioll such suit
or proceeding is within the jurisdiction of that Court
and should be tried therein ; - -- --
1 These word3 wort) substituted for the words ( ' ~ b : between attorney ccnd cllont", by
and Presidency Rm-tll C'anse Courts (Amrndmcnl ) Act, 1945 (Xdr.~s Act I of 1945). Thiz w ~ x perlnisnently re-olmcted by section 2 of, and the Flrcbt Schedtllo to, the Tamil Nadu Re- e n a c k dnd Kcpenling (KO. I) Act, 1048 (Tamil Nudu Act V n
AQ48).
* 800 now the Lirnitatl~u Act, 1963 (Centrd Act 216 ~f
1963.)
8
1898 : Cen. Aet VII] Madras City Civil Cou~t 149
(3) in any suit or other proceeding so transferred. the Court-fees Act, 1870,* shall apply, credit beiug Central given for any fees levied in the High Court. Aot Vl'I
of 1870. 17. The City Court shall use a seal of such form seal to be
and dimensions as may be for the time being prescri- used. bed by the l[State Government].
18. (1) The 2[***] Principal Judge, shall, a t the ~~~~d~~ rind oommencement of each year, drzcw up s list of holidays vacations. and vacations to be observed in the Court, and shall submit the same for the approval of the l[StRte Government].
(2) Such list, when i t hae received such approval, ahall be published in the Official Gazette, and the said holidays and vacations shall be observed accordingly. ,-. -- -- ....--. - ..-. .-.
1 Tho words "Provincial Government" mere nnbstituted for
t 110 words ''Locd (:ovornmcxn i." by 1 he Alle.ptat ion Ortler of 1037
iLnd t.11" wort1 '.St:~to" wi~s s~~b.
Atll~ptation Order of 1!)50.
2 Thowords " S ~ d g e of tlleCit,y Cour.0, or, wl~orl the Court conniatx of Illorcr tlinn one Jtl(lgo, tllo" wtrro o11iil.tot1 by scction '7
of the Maclra* City Ci\,il Coi~rt (A~ncmd~~lellL) Act., 1955 (Ttrn~il
Nadu Act X of 1955).
* Repenlad in its application to the 8tute of Tumil Nadu by sect.ion 87 of the Tamil Nadu ,Court-fees and Suit)# Valunt.ion ~ ~ t , 1966 (Tamil Nadu Act XIV of 1966).
9
742 City Civil Court a d Presidency [1916:T.W. Act V Small C a w e Courts (Amendment)
l[TAMIL NADU] ACT No. V OF 191e2. (Received the assent of the Qovernor on the 12th December 1916 and that of the Governor-General on the 39th December 1916 ; the assent of the Governor-Geraeral
was first published i n the Port St. Ueorge Gazette of the 23rd Janzlary 1917.)
An Act to amend the Presidency Small Cause Courts Act, 1882, and the Madras City Civil Court Act, 1892.
'roamble. Whereas it is expedient to amend the Madme City central Act Vn of Civil Court Act, 1892, and as to Ghe S[State of Tamil 1892. Nadu], the Presidency Small Cause Courts Act, 1882, aelltral in certain particulars and whereas the previous sanction A r f XV of of the Governor-General required by section lEs2.
79, sub-section (2), of the Government of India Act,
1915, has been obtained so to amend the said Acts ; It is hereby enacted as follows :-
~ o r t itle. I. T h i ~ Act may bo called the Madras City Civil Court and Presidency Small Cause Courts (Amendment) Act, 1916.
These words were eubstituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu, Adaptation of Laws (Seoond Amendment) Order, 1969, which came into force on the 14th January 1969.
a For Statement of Objects and Reasons, eee FoFort St. Ueorge
Gazette, dated the 30th May 1916, p. 929. For Prooeedings in Coun-
cil, see ibid, dated the 12th September 1916, pp. 939-946, and
ibid, dated the 9th January 1917, p. 129. This orpression was substituted for tho expression "Presidency of Madras by the Tamil Nadu Adaptation of Lswa Order, 1970. which was deemed to have come into form on the 14th January 1969.
10
1916: T.N. Act V ] City Civil Court and Presidency 743
Small Cause Courts (Amendment) . Colltral Act 2. Notwithstanding anything contained in the Institution in ~ , " , t ~ ~ l l ~ ~ i Presidency Small Cause Courts Act, 1882, and the ~ ~ ; y ~ $ ~ c o u r t
vn of 1802. Madras City Civil Court Act, 1892, all suits cognizable of oertain suits by the Court of Snlall CLLUSCS of Madras whereof the ;;~$:;E:Y
amount or V ~ U C of tllc ~ ~ ~ ' L ) j ~ c t - m t t ~ r excoeds one F(mall thousand rupees may at tho election of the plaintiff court. be instituted in the Madras City Civil Court which shall have iurisdiction to trv and dispose of such suits
Central Act according to the provis~ons of the-~adras City Civil
VIE of 1892. Court Act, 1892. Central Act 3, (1) Notwithstanding anything contained in the Removal of suits inet;tuted XV lgg2. Presidency Small Cause Courts Act, 1882, and the. ~n the Madras Madras City Civil Court Act,l892,where an application Presidenoy VIT of 1892.
is made to the High Court of Judicature a t Madras 8mall Cause Central Act Oourt to the xv of 1882. under section 39 (1) of the Presidency S m l l Cause High Court or f c
Courts Act, 1882, in any suit referred to therein, thethe Maarea citj High Court may either remove the suit to its owncivilcourt.
file or transfer the same to the Madras City Civil Court.
(2) Where a suit is ordered to be transferred as aforesaid to the Madras City Civil Court, the provisions of sub-sections (2), (3) and (4) of section 39, and of
Oentral A O ~ section 40 of the Presidency Small Cause Courts Act,
XV of 1882- 1882, shall, mutatis mutadis and subject to the p c u - niary limits of the jurisdiotion of the Madras City Civil Court, bpply.
11
'[TAMIL NADU] ACT No. I OF 1945'.
PHI; MADIWS CITY CIVIL COURT AND PRESID~CY
SKALI, CAUSE COURTS (AMENDMENT) ACT, 1945.1
(Received tlte assent of the Govo.nor on the 18th Ja?iuury 1945 ; Jfrsr ptiblishml in rlte Port St. George Gazc7rre on the 23rd Jamrrrry 1945.) An Act further to amend to Madras City Civil
Court Act, 1892, and the Presidency Small
Cause Courts Act. 1882, in its application to the 3[State of Tamil Nadu].
Short title. 1. This Act may be called the Madras Citv Civi)
Court and Presidency Small Cause Courts (dmcnd- n~ent ) Act, 1945.
-- -- - --- -- - --- - -
I These ~ o r & were subst ttuted for tne \\art! '
3 Thi\ cxl'rcs\iun wa\ subbt~tllted for tllc cxpressio~l "Provi~~ce of ~ a d r ~ \ " by tlieTdmir h:ldrlAda~~tatbon of Laws Order, 1970, wlllch war decnied to h:l\,c C ~ I I I C into force un ths 14th January
1969.
12
'[TAMIL NADU] ACT No. X OF 19552. *
(Received the assent of the Governor on the 20th AprN 1955 ;
first published in the Fort St. George Qazttt e on the 27th April 1955.) -
An Act further to amend the Madras City Civil Court Act,
1892.
I WHEREAS it is expedient further to amend the Madras City Civil Court Act, 1892 (Central Act VIZ of 1892), for the purposes hereinafter appearing ;
. BE it enacted in this Sixth Year df the Republic of India
I
.. as follows :-
1. (1) This Act may be called the Madras City Ci~ilShort itle - Court (Amendment) Act, 1955. and corn-,
mencement,
(2) It shall come into force on * such date as the State Govtrnment may, by notification in the Fort St. George Gruerte**, appoint.
C
2-7. h he amendme'nts made by sections 2 to 7 have been incorporated in Central Act YII of 1892.1
,
8. (1) All suits pending in the High Court on the date *Transitw of the commencer~ent of this Act and which .would be provision. within the cognizance o i the Madras City Civil Court 3[under tho provisions of the said Act as amended by this Act] shall stand transferred to thc Madras City Civil Court.
4 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order,'1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 For Statement of Objects and ~easons, see lort St. George Gazette,
Part IV-A, Extraordinary, dated the 24th March 1955, page 85. . ' * . 'These words were substiuted for the words "under the provisions of this Act" by section 3 (a) of the Madras City Civil Court (Second
: . Amendment) Act, 1955 (Tamil Nadu Act XXIX of 1955), deemed < to have 'come into force on the 1st Jhly.l95 5. ) * .
. - . . 1 8 +
' 9
, ' . , ' Ca*e I into force on the 1st Suly,;1955. I ) .
P
I . &
. ?* :I&w the Tamil Wadu Government Oazette. ).
f . ' 1 2 5 - ~ 3 0 ~ I *
I
b.
13
468 Madras City civil Court [I955 : T.N. Act X (Amendment)
1[(2) All appeals against decrees or o r d ~ r s of any Judge df the Madras City Civil Court other than the P~incipal ,Judge pending in the High Court on thc 1st July 1955 and which would be withill the cognizallcr ~f thc Priilcipal Judge under the provisions of the said Act as amenced by this Act shall stand lransferred to the Principal J u d p on the date appointed by the High Court in this behalf.]
- . . . - -- IL ThiQ sub-section was substituted for the original sub-section (2) by section 3(b) cf t he Piairas City Civil Court (Second Amendnlcnt) Act, 1955 (Tarni: Badu Act XXlX of j 9S5), dtcnaed to have come intoforw OP the is: July 1955.
14
94 CivN Courts and the Madras [ 1980 : T.N. Act 34 City Civil C w t (Amerahefit)
TAMIL NADU ACT 1\90, 34 of 1980,*
THE TAMIL NADU CNIL COURTS AND THE
MADRAS CITY CIVLL COURT (AMENDMENT)
ACT, 1980.
[&cei ved the assent of the President on the 16th October 1980, first published ih the Tamil Nadu Government Gazette Extraordimry OH the 23rd October 1980 (Aippasi 7, Rowthiri-2011- Thiruvahvar A a d ) . ] An AC t further ,to amend the Tamil Nadu Civtl Colirtr Ae t, 1873 and the Madras City Civil Court Act,
1892. I
BE it enacted by the Legislature 'of the Sthte of Tamil Nadu in the Thirty-first year of the Republic of India as fcllo ws :-
short title and 1. (1) This Act may be called the Tamil Nadu Civil
comwnsc Coults and the Madras City Civil Court (Amendment)
mmt. Act, 1980.
(2) It shall come into fcrce on such date as thc State Government may, by notification, appoint.
Amendment of 2. In the Tamil Nadu Civil Courts Act, 1873 (Central
Central ~~t Act I11 of 1873)p~ 111 of 1873..
(1) in section 12, in the second paragraph, for the words "five thousand rupeesW,the words " fifteen th~usand
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 Sub-
ordinate Judges and District Munsifs sball, when such
appeals ale allowed by law, lie to the 'Distiict Court if passed--
(i) before tfic daf e of the commencement of the
Tamil Nadu Civil courts and the Madras City Civil Court (Amendment) Act, 1980,except wher the amount or value
ofthe subject rn< ctta of the suit exceeds rupees ten thousand in which case the appeal shall lie tc the High Court j and
*For Statement of Objects and Rcuons, see Tamil j~du Govern- ment Gazette Extraordinary, dated the 6th August 1980, Part IV -%$ion 1, pagas 251-252.
15
1986: 18. Act 341 Civil Courts and the Madras City Civil Corer t (Arneizdmen t )
93
'i (ii) on or after the date of the commencement
I of the said Act except when the amount cr value of the l subject matter of the suit exceeds Iupees tllirty thousand in wbich case the appeal shall lie to the High Colrlt ;".
3. In the Madtr s City Civil Court Act, 1892 (Centr-' Amendm,lt of
Act VII of 1892),- central Act VII of 1892.
(I) in section 3-A, for the words "fifty thc usand
rupees", the words "one lakh of rupees" shall be substi- tuted ;
(2) in section 15,-
(a) in sub-section (I), for the wotds "ten thousand rupees", the words ''thirty thousand rupees" shall be ru bstituted i
(h) nftcr sukscction (21, the following sub- aect io 11 shall bc inserted, namely:-
"(2-A) An appeal shall lie to the Principal Judge from any decree or order appealabl,: u,nc'er the pxovisions of the Code of Civil Procedure, 1908 (Cential
Act V of 1908) passed in any suit 01 proceeding by a judge other than the Principal Judge or En Additional
Judge on 01 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 :xcetd thirty
thousand rupees."
4. (1 ) All suits pending in the High Court on the date of the commencement of this Act and which would provision,
be within the cognizance of the Madras City Civil Court under the provisions of the Madras City Civil Court Act, 1892 (Central Aot 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 Iupees five thousand but does not exceed rupees flfteen 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 ofthe District Munsif having jurisdiction over the matter.
16
Short titla an commence-
ment.
Repeal of Tamil Nadu Act V of 1916
838 Madras City Civil Court and [I Presidency Small Cause Couirs (Amendment) Repeal
TAMIL NADU ACT NO. 30 OF 1982.* THE MADRAS arm C)LVIL COURT AND PRES DHNCY Sh1P.LL CAUSE COURTS (AMEND-
MENT) REPEAL ACT, 1982.
Received the assent of the President on the 3 1st firstpu blishedin the Tamil Nadu Governmen
Extraordinary, on the 5th June 1982 (Va Thunthubi, T.5 irwaZlur' Aandu-20 13 .)
An Act to repeal the Mudras City Civil Court on Small Cause Cows (Amenbent) Ac
BE [it enacted by the Legislature of the State of Tamil Nwlu in the Tlrirty-third Year of the Republic of India as
follows :-
1. (1) This Aot may be called the Madra ld Uourt and Presidency Small Cause Courts
Repeal Act, 1982.
(2) It stall come into for orce on suich dat
Government may, by notification, appoint.
2. (1) The Madrc J: Oity Civil Court 2nd Presidency Small Cause Courts ( A m ~ n A m m ) Act, 19 1 6 (Tamil Nadu Aot V of 19161, is hereby repealed.
(2) Notwithstanding such repeal, all suits instituted in the Madras City Civil Court under seclioc 2 of the said Act or trensferred to the said Court under section 3 of the said Act and which are pending before the ;i?.iid Court cn the dzte af the cornrnencement of this Act shall be disposed of by the said airy Oivil Court as if this Act ha.d not k e n
passed.
I
* For Statement of Objects and Reasons, see T a d Na& G m a , men! Gazette Extraordinary, dated the 4th March 1982, Plrt IV- SeCt1~ 1, mm 118.
17
.- -
. -.
'I'AMI-L-'~ NADU
GOVERNMENT GAZETTE
'EXTRAORDINARY - QUBLISHEO BY .AUTHORITY
--
Tamil Nadu Acts and Ordinances. Tbr fcllo , ~ i a g Act of the Tamil N-idtr Legislativ: Assembly receiv:d the asseilt of the President cn the 27th SeptemSer 1395 and is her .by publishec, for ge~eral info1 rnation :-
ACT No. 28 OF L995. An Act .furtfter to ntttelztl the Tdnlil IVLE(/Z~ Civil COIII./S & I , 1873 and ihe
Madras City Civil Cozrrt Act, 1892.
BA it enacted by the Legislative Assembly of the State of Tamil N.idu i n the Forty-sixth Year of the Republic of India as follo\vs :--
I. ( I ) This Act may be called the Tamil Nadu Civil Courts and the Madras City Short title Civil Court (Amendment) Act, 1995. and
commcnc.a
(2) It shall come into force on such date as the State bovernmenf may, t y men*.
notification, appoint.
Amendment ot Cent~al A , a U1 of 1873.
(I) 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 follo\ving paragraph shall
be substituted, namely :-
( 103 )
(ii) on or after the date of the commenceme~lt 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 lie to the High Court.".
(3) In soction 28, -
(i) FOI. the word; " t ~ o thousand rupees", the words "twenty thousand rupees" shall be substituted ;
(ii) for the words "fivc Izuilcired rupces , ihe words "five iho.bsand
rure;sW shall be substituted. meadment 3. In the Madras Cily Civil Court Act, 1892,-
Central Act G' of 1892. ( I ) in soction 3-A, for the words "one lakh of rupees", the words "ten lakhs
of rupees" sI1;111 bc sl~h\!i!~tciI ;
(2) in soction 15, -
(i) in sub-scction ( I ) , for tllc words "tliirly tliousand rupccs", thc words
"one la], h of rupees" shall be substituted ; 1 1 i ) for sub-section (2-A), the following sub-section shall be substituted, namely :--
"(2-A) An appeaI shall lie to the Principal Judge from any decree or order appealable under the provisicns of tkc Ccde of Civil Prccedure, 1908 ( Central Act V of 1908), passed in any si~it or proceeding by a Judge other than the Principal Judge or an Additional Judge,--
(a) before ;he date of the commencement of the Tamil Nadu Civil Courts and the Madras C i ~ y Civil Court (Amendment) Act, 1995, where the amount or value of the subject-matter does not exceed thirty thousand rupees ; and
(b) on or aflcr thc datc of thc co~~~mcncc~ncn t of thc said Amcndmcnt Act, where the amount or value of the subject-matter does not exceed one lakh of rupees.".
.., --
ransitory , 4. (1) All suits pending in the High Court on the date of the commencement revision, of this Act and whic!~ w>uld bz wit11111 he cognizance of the Madras City Civil Court under the provisio~zs of thc Madras City Civil Court Act, 1892 (Central
. . Act VII of 1892) as alneildcd by this Act shall stand transferred to the Madras \ . City Civil Court.
(2) AII suits and pioccedings of which the anloullt or value of the subject- matter exceeds rupees fifteen thousand but does not exceed rupees thirty thousand
and pending in a-iy Sub-court or District Court, as the case may be, on the date of the commonconlent of this Act, shall stand transferred to the Court of the Distrkt Munsif having jurisdiction over the matter.
M. MUNIRAMAN,
Serretary to Governnzen:, row Department.
19
C .. I ...
Ru@W.red NO M t Y t 15 Paisa
T A M I L NADU
G B V E ~ N M E N T GAZETTE EXTRAORDINARY PUBLISHEOBY A u T H ~ R ~ T Y CHITHWAI 15, ISVARA, THl RUVALLUVA R AANDU-2028
---. - - -- -_ ' ' Part IV - Section 2 '1
Tamil Nadu Acts and Ordinances?,
The following Act of the Tamil Nadu Legislative Assembly received the assentI of the President on the 23rd April 1997 and is hereby published for genaal infor-I mation :-
ACT No. 21 OF 1997.
An Act further to amend the Chennai City Civil Court Act, 1892.
tral ~ c t ' of 1892.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the FO~QL eighth Year of Republic of India as follows :-
I . (1) This Act may be called the Chennai City Civil Court (Amendment) Act, Short title and 1997. commencement.
(2) ft shall be deemed to have-come into force on the 1st day of December
1995.
2. In the Chennai City Civil Court Act, 1892 (hereinafter referred to as the Amendment of principal Act), in section 15,- section 15.
(1) in sub-sect.ion (I), for the words "oae lakh cf rupees", the words "three
lakhs of rupees" shall be substituted:
(2) for suke:tion (2-A), the following sub-sections shall be substituted, namely :-
"(2-A) An appeal shall lie to the Principal Judge from any decree or order appealable under the provisiqns of the Code of Civil Procedure, 1908 (Central Act V of 1908), passed In any s u ~ t or proceeding by a Judge other than the Principal Judge or an Additional Judge,-
-..--- (a) before the 1st day of December 1995, where the amount or valae of the subject matter does not exceed one lakh of rupees;
- A u p ) W-2 I$. (2361-1 ,[ $69 4 - , , ,, " .
1 -1.,
20
qfi U'AML NADU W V E R W N T GA Z E l l E EX'IRAORDMARY 1 ' r ;
J ' C (b) on or dkr tbe LH day of D e u m r 1995. where the amount or value of the subject mattes does not exceed three lakhs of rupees; and I -- ---- -
ahall lie to the0% Court. &a t Gazette of which the amount or v L U uc3 V v , C . I I I I 'LLV -.p.- -- -- 7------ -
.AC principal Act, as amended by this Act, shali stand transferred to the Chmnai City Civil Court.".
U5y order of the Governor)
Secretary to Gov&nment, Law Departmeat. - - ------ -
---, . .
(c) on or afl.er the 1st day of Dccember 1995, except when the amount or
value of the subject mattes of the suit exceeds rupees three lakb in which caw wal
-
(2-B) All appeals peading in the High Court on the date of publication of
the Chentlai City Civil Court (Amendment) Act, 1997 in the Tamil Nadu Govwn- men - - -- - .- - - . alue or the subject matter of such appds exceeds one lakh of rupee8 but does not exceed thm: lakhs of rupee8 and which
WOUV -~+k:n +he mcni7nnrp nf the Chennai Citv Civi! Court under the provimons nf +I
. -
A. K. RAJAN,
- .
. .
d .
I , 8 , : I
, * \
. - -
. . I . .
. . . i
f
$ . .
L .
I
.-- -- - - - - . . - - ---
'""r9C, PY THE DIYr;Ln(& OF fXA'rIONEYY k&D P P . I K v . -
-- -. i i r y - 4
21
: ,E%!::.IE~~T OF TAMIL NAIIU [Regd. No. TNlPMG (CCR)-2 i712003-05. , 2004 ... " [ Price : Re. 0.80 Paise. - I lr CK* i-.n
- -- .-.----
1
TAMIL NADU \'7
GOVERNMENT GAZETTE
1 71 CHENNAI, THURSDAY, JANUARY 8, 2004
I Margazhi 24, Subhanu, Thiruvalluvar Aandu-2034 I -- -.- -
Part IV-Section Tamil Nadu Acts and Ordinances. The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 29th December 2003 and IS hereby published for general informa!ion:-
1
t ACT No. 1 OF 2004.
I
An Act further to amend the Tamil Nadu Civrl Coi~rts Act. 1873 and the Chennai City Civ~l Court Act; 1892.
BE ~t enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the Republic of India as follows.-
1. (1)This Act may be called the Tamil Nadu Civil Courts and the Chennai City Short title and Civil Court (Amendment) Act, 2003. commence-
ment.
(2) It shall come into force at once. Centrat Act Ill 2. In the Tamil Nadu Civil Courts Act, 1873,-
(1) in section 12,-- Amendment of
Central Act
Ill of 1873
(a) for the first paragraph, the following parayraph shall be substituted, namely:-
"The jurrsdictron of e District Judge extends, subject to the rules - .
contarned In the Code of Clvrl Procedure, to all orrg~nnl suits and proceedrngs of a
crvd nature, of whrch the amount or value of the s u b j e ~ t matter exceeds five lakh rupees The jurrsdrctrorl of a Subordrnate Judqe extends, subject to the rules contarned In the Code of CIVII Procedure, to all lrke orlcj~nal surts and proceedlnys of whlch the alr~ount or value of tho subject matter uxcecds one Idktl rupees but does not exceed f ~ v e lakh rupees ,
(b) in the secorid iidr,lgraph, for the cxpres~ror i "!hrrty tllvusand rupees' tho expresscon 'one lakh rtrpt?tbs' sh;tll be sul~s!rlu!t-.d
22
2 TAMIL NADU GOVERNMENT GAZETTE EXrFiAORDlNARY4 - -- - - - - - -. - - . - - - - . - - --- - - - - - - - - - - -- - -- - -
(2) after sectlor1 13, t110 following section shall be insortrd namely:-- !
"13-A Appeals frorrr decrees of S u b o ~ d i ~ ~ a f e Courts --Appeals from the decrees and orders of Subord~nato Judges, ~f passed on or after the date of tbe cornmencement of ttie Tarn11 Nadu CIVII Courts and the Chennat C ~ t y Clvll Court (Amendment) Act. 2003, shall, when such appeals are allowed by law, Ile to the I Dlstr~ct Court.
Appeals frorn tiecrtlc s ol Drstrrct b![~rtsrf ---Appeals fror~) the decrees and orders of D~st r~r - t Muris~fs' ~f p,rsscd on or after the date of the comn~encement of the Tamil Nadu CIVII Courts <111d the Chenna~ C ~ t y CIVII Court (Amendment) Act. 2003, shall, when s t ~ c h appeals art? alloweti by law. Ile to tho Suhorrllnate Cour t " - A~nendrr~ent 3 In the Chennal C ~ t y Clvll Court Act. 1892,--- central A C ~ VII. NC of Central of 1892
Act VII of (1 ) ln sect~on 4 , for sub-section (2), thr: following sub-sect~on shall be - 1892 - subst~tuted, namely -
"(2) The jurisdiction of an Asslstant Judge extends to all suits and proceedings of :I civil nature not otherwise exempted from his cognizance, of which tho amount nr value of the sc~hject matter docs not exceed frve lakh rupees. The jurisdiction of t?~. Pr~r~c ipa l Jucige and Additional Judge extends to all like suits and proceedings. of wt11c11 the amount or value of the'subject matter exceeds five lakh rupees but does not exceed ten lakh rupees.";
(2) in section 15.--
(a) in sub-section ( I ) , the expression "where the amount or value of the subject matter exceeds three lakh of rupees or" shall be omitted;
(b) after sub-sectlon (2-0). the fol low~ng sub-sectlon shall be ~nserted, namely -
"(2-C) An appeal shall Ire to the Prrnc~pal Judge from any decree or order, appealable under the provlslons of the Code of CIVII Procedure, 1908 (Central Act V of 1908), ~f passed In any s u ~ t or proceed~ng by an Asslstant Judge on or after the date of the commencement of the Tam11 Nadu CIVII Courts and Chennal Clty CIVII Court (Amendment) Act, 2003 ".
Trans~tory 4. (1)Al l sults pend~ng ~n a Subordinate Court or D ~ s t r ~ c t Court on the date of plovlsion the commencernont of t h ~ s Act and whlch would be w ~ t h ~ n the cognlzance of the D ~ s t r ~ c t Muns~fs Court. Subord~nate Court or D~strlct Cou,'t, under tha provlslons of the Tam11 Nadu Clvll Courts Act, 1873 (Central Act I l l of 1873). as amended by thls CE
Act, shall stand transferred to the C ~ u r t having jur isd~ct~on over the subject matter
(2) All su~ ts pending before an Ass~stant Judge, an Add~t~onal Judge or a Principal Judge or In the H ~ g h Court on the date of the commencement of this Act, and wh~ch would be w ~ t h ~ n the cognlzance of the Chennal C ~y CIVII Court under the provlslons of the Chennal C ~ t y Clvll Court Act. 1892 (Central Act VII of 1892). as amended by thls Act, shall stand transferred to the Assrstant Judge, Add~tronal Judge or the Princ~pal Judge, h.3v1ny lurisdictlon over the subject matter (By order of the Governor)
A. KRISHNANKUTTY NAIR,
Secretary to Government, Law Departmerit.
-- .___ ~-
PRINTED AND PUBLISHED BY THG. l..)IFiECTC)H OF STATIONERY AND fiKlrU-IING. CHENNAI ON HEHALF Ot: TIJE GOVE&NFVlENT OF TAM!L NADl l D
23
76 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 25th May 2010 and is hereby published for general information:—
ACT No. 19 OF 2010. An Act further to amend the Tamil Nadu Civil Courts Act, 1873 and the Chennai City Civil Court Act, 1892.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Civil Courts and the Chennai City Civil Court (Amendment) Act, 2010.
(2) It shall come into force at once.
2. In section 12 of the Tamil Nadu Civil Courts Act, 1873, in the first paragraph, for the expression "five lakh rupees", occurring in two places, the expression "ten lakh rupees"
shall be substituted.
3. In the Chennai City Civil Courts Act, 1892,—
(1) in section 4, in sub-section (2),—
(a) for the expression "five lakh rupees" occurring in two places, the expression
"ten lakh rupees" shall be substituted;
(b) for the expression "ten lakh rupees", the expression
"twenty-five lakh rupees" shall be substituted;
(2) in section 15, the existing sub-section (2-C) shall be renumbered as sub-section (2-D), and before sub-section (2-D) as so renumbered, the following sub-section shall be inserted, namely:—
"(2-C) All appeals pending in the High Court of which the amount or value of the subject matter of such appeals exceeds three lakh of rupees but does not exceed five lakh of rupees shall stand transferred to the Chennai City Civil Court.".
4. (1) All suits pending in a District Court on the date of the commencement of this Act and which would be within the cognizance of the Subordinate Court under the provisions of the Tamil Nadu Civil Courts Act, 1873 (Central Act III of 1873), as amended by this Act, shall stand transferred to the Subordinate Court having jurisdiction over the subject matter.
(2) All suits pending before an Additional Judge or a Principal Judge or in the High Court on the date of the commencement of this Act and which would be within the cognizance of the Chennai City Civil Court under the provisions of the Chennai City Civil Court Act, 1892 (Central Act VII of 1892), as amended by this Act, shall stand transferred to the Assistant Judge, Additional Judge or the Principal Judge, having jurisdiction over the subject matter. (By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government, Law Department.
Short title and
commence-
ment.
Central Act
III of 1873.
Amendment of
Central Act
III of 1873.
Central Act
VII of 1892.
Amendment of
Central Act
VII of 1892.
Transitory
provision.
24
No. 405] CHENNAI, THURSDAY, DECEMBER 13, 2018 Karthigai 27, Vilambi, Thiruvalluvar Aandu-2049
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
4 05-Ex-IV-2—1 The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 8th December 2018 and is hereby published for general information:— ACT No. 45 OF 2018. An Act further to amend the Chennai City Civil Court Act, 1892. B it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the Chennai City Civil Court (Amendment) Act, 2018. Short title and commencement. (2) It shall come into force on such date as the State Government may, by notifi cation, appoint. Central Act VII of 1892. 2. In section 3-A of the Chennai City Civil Court Act, 1892, (hereinafter referred to as the principal Act), for the expression "ten lakhs of rupees", the expression "one crore rupees" shall be substituted. Amendment of section 3-A. 3. In section 4 of the principal Act, in sub-section (2), for the expression "twenty-fi ve lakh rupees", the expression "one crore rupees" shall be substituted. Amendment of section 4. 4. All suits pending in the High Court on the date of commencement of this Act and which would be within the cognizance of the Chennai City Civil Court under the provisions of the principal Act, as amended by this Act, shall stand transferred to the Chennai City Civil Court. Transitory provision. (By order of the Governor) S.S. POOVALINGAM, Secretary to Government, Law Department. [277] PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
25