(1) This Act may be called the Madras City Civil Court Act, 1892;1

2

1. The word "and" omitted by Act 17 of 1914, s. 3 and the Second Schedule (w.e.f. 16-9-1914).

2. Sub-section (2) omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 16-9-1914).

In this Act, unless there is something repugnant in the subject or context,u2014

(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 ordinaryoriginal civil jurisdiction of the High Court;

(3) "High Court" means the High Court of Judicature at Madras; and

(4) "Small Cause Court" means the Court of Small Causes of Madras.

The Local Government may, by notification in the officialGazette, establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try anddispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundredrupees in value and arising within the City of Madras, except suits or proceedings which are cognizableu2014

(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court ofAdmiralty, or as a Court having testamentary, intestate or matrimonial jurisdiction, or

(b) by the Court for the relief of inso0lvent debtors, or

(c) by the Small Cause Court.

The Local Government may, by notificationin the official Gazette, appoint so many persons as it may think fit to be Judges of the City Court; andmay, for any misconduct by a like notification, suspend or remove any Judge so appointed.

(1) Every person appointed a Judgeof the City Court shall be, by virtue of his office, a Judge of the Small Cause Court with respect to casescognizable by that Court.

(2) Every such Judge shall be liable to perform any duties of a Judge of the Small Cause Court whichthe Chief Justice of the High Court may require him to perform.

When the City Courtconsists of more than one Judge,u2014

(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act orany other law for the time being in force;

(b) the Local Government may appoint any one of the Judges to be the principal Judge; and

(c) the principal Judge may, from time to time, make such arrangements as he may think fit forthe distribution of the business of the Court among the various Judges thereof.

(1) The Judge of theCity Court, or, when the Court consists of more than on Judge, the principal Judge, may from time totime, with the sanction of the Local Government, appoint as many clerks, bailiffs and other ministerialofficers as may be necessary for the administration of justice by the Court and for the exercise andperformance of the powers and duties conferred and imposed on it by this Act or any other law for thetime being in force.

(2) The officers so appointed shall exercise such powers and discharge such duties of a ministerialnature as the said Judge or principal Judge may from time to time direct.

(3) The said Judge or principal Judge may, subject to the control of the High Court,u2014

(a) suspend or remove any officer so appointed, or

(b) fine any such officer who is guilty of misconduct or neglect in the performance of the dutiesof his office.

(4) Any fine imposed on an officer under sub-section (3) may be deducted from his salary.

All questions which arise in suits or other proceedings under this Act in the City Courtshall be dealt with and determined according to the law for the time being administered by the High Courtin the exercise of its ordinary original civil jurisdiction.

When the subject-matter ofany suit or other proceeding is land or a house or a garden, its value for the purposes of the jurisdictionconferred on the City Court by this Act shall, subject to the other provisions of this Act, be fixed inmanner provided by the Court-fees Act, 1870 (7 of 1870), section 7, clause v.

Fees chargeable for serving or executing processes issued by the City Court, orserved or executed under its direction or control, shall be such as the High Court may prescribe with theapproval of the Governor of Fort St. George in Council 1.

1. The words "and the sanction of the Governor General in Council" omitted by Act 4 of 1914, s. 2 and the Schedule, Part I,(w.e.f. 24-2-1914).

The powers conferred by Chapter XXXVI of the Code of CivilProcedure (14 of 1882), on High Courts and District Courts as to the appointment of Receivers may beexercised by the City Court or any Judge thereof.

[Amendment of Act 15 of 1882, section 31].u2014Rep. by the Repealing Act, 1938 (1 of 1938), s. 2and the Schedule (w.e.f. 26-2-1938).

Whenever any suit or proceeding in theCity Court is settled by agreement of the parties before issues have been settled or any evidence recorded,half the amount of the institution fees paid by the plaintiff shall be repaid to him by the Court.

When, undersection 13 of the letters Patent for the High Court, dated the twenty-eight day of December, 1865, orunder section 25 of the Code of Civil Procedure (14 of 1882), the High Court has removed for trial byitself any suit from the City Court, fees on the scale for the time being in force in the High Court as aCourt of ordinary original civil jurisdiction shall be payable in that Court in respect of the suit andproceedings therein:

Provided that, in the levy of any such fees which, according to the practice of the Court, are creditedto the Government, credit shall be given to the plaintiff in the suit for any fee which in the City Court hehas already paid under the Court-fees Act, 1870, on the plaint.

(1) The Court authorized to hear appeals from the City Court shall be the High Court.

(2) The period of limitation for an appeal from a decree or order of the City Court shall be the same asthat provided by law for an appeal from a decree or order of the High Court in the exercise of its originaljurisdiction.

Nothing in this Act contained shall affectthe original civil jurisdiction of the High Court:

Provided thatu2014

(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of theJudge who tries the same (whose opinion shall be final), ought to have been instituted in the CityCourt, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowedhis costs as between attorney and client;

(2) in any suit or other proceeding pending at any time in the High Court, and Judge of suchCourt may at any stage thereof make an order transferring the same to the City Court if in his opinionsuch suit or proceeding is within the jurisdiction of that Court and should be tried therein;

(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shallapply, credit being given for any fees levied in the High Court.

The City Court shall use a seal of such form and dimensions as may be for thetime being prescribed by the local Government.

(1) The Judge of the City Court, or, when the Court consists of morethan one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidaysand vacations to be observed in the Court, and shall submit the same for the approval of the LocalGovernment.

(2) Such list, when it has received such approval, shall be published in the official Gazette, and thesaid holidays and vacations shall be observed accordingly.