1918 : Pb. Act VL] courrs 571
THE PUNJAB COURTS ACT, 1918,
Arrangement of Sections.
PART 1
SECTIONS
1. Short title and extent.
2. Definitions.
3. Enactment of provisions relatin.g to Courts in the Pun- Jjab Validation of Acts done. Proviso.
PART II
CHAPTER I
PRELIMINARY
1_ * * *® % * * . €. Repeal.
3. Definitions.
CHAPTER II
4—17. Repealed.
CHAPTER II1
THE SUEORDINATE.CIVIL CouRrs.
18. Classes of Courts.
19. Civil districts.
20. District Judges.
21. Additional District Judges.
22. Subordinate Judges.
23. Repealed.
24. District Court to be principal Civil Court of Original jurisdiction,
25. Original jurisdiction of District Judges in suits.
26. Pecuniary limits of jurisdiction of Subordinate Judges.
27. Local limits of jurisdiction.
28. Special Judges and Benches.
29. Power to invest Subordinate Judge with Small Cause Court jurisdiction.
1
B
2 counrs [1918 : Ph, A, Vi 30, Exereise by Subordinate Judge of jurisdiction of D trict Court in certain proceedings, Dia.- a1, Place of sitting of Court,
A Repealed,
33. Control of Courts, 34, Power to distribute business. 35, Repealed,
36. Power to fine ministerial officers.
37. Delegation of District Judge's Powers,
CHAPTER 1V
APPELLATE AND REVISIGNAL JURISDICTION IN Crvir, Casgg
38. Appeals from District Judges or Additional Judges,
39. Appeals from Subordinate Judges.
40. Power to transfer to a Subordinate Judge appeals f other subordinate Judges. § from
41. Second appeals. 42, Second appeal on no other grounds. | No second appeal in certain cases.
43. Repealed. 44, Revision. 44-A. Period of limitation,
CHAPTER V
SUPPLEMENTAL PROVISIONS
45. Mode of conferring powers.
46. Continuance of powers of officers. 46-A. Provisions regarding petition-writers.
47. Control of list of holidays. 47-A. Provision regarding pending proccedings.
48. Repealed, 49, Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian Court Fees Act.
50. Amendment of definition of District Judge in the jab General Clauses Act, 1898.
51. Reference 'in existing enactments of Chief Court. Pun-
THE SCHEDULE.
2
1918 : Ph. Act VI courrs 573 'THE PUNJAB COURTS ACT, 1918. Punsae Acr VI or 1918, [Received the assent of the Lieutenant-General of the Punjab on the 30th May, 1918, and that of the Governor-General on the 12th June, 1918, and was first published in the Punjab Gazette? of the 12th July, 1918.] . Year No- Short title Whether repealed or otherwise affected
by legislation
1918 .. | VI The Punjab Repealed in part, Act IV of 1926 Courts Act, )
1918 Amended, Punjab Act 1V of 1919
Supplemented, Act TX of 1919*
Amended, Punjab Act IX of 1922¢
Amended, Government of India (Adapta- tion of Indian Laws) Qrder, 1937 Amended by Punjab Act VI of 19418
Amende | by the Indian Independence
(Adaptation of Bengal and Punjab Acts) Qrder of 1913 (G.G.0- 4C) Am;nded by Adaptation of Laws Order,
1950
Amended by Adaptation of Laws (Third, Amendmend) Qrder, 1951 e — —
1For Statement of Objects and Reasons, see Punjab Gazette, 1918, Part V, page 326, for Report of the Select Committee, see ibid, 1918, Part V, pages 349—358, for Proceedings in Council, see ibid, 1918, Part V, pages 376-377, 435, 446-447, and 490—93. ) 2Part V, pages 495—503.
'For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 16-17, and for Proceedings in Council, see ibid 1919, Part V, pages 66—71. It came into force on 21st March, 1919,
"For Statement of Objects and Reasons, see Punjab Gazette, 1922, Pert 'V, pages 205-06, for Reports of the Select Committee, see ibid, 1922, Part V, pages 210—13 and for Proceedings in Council, see Punjab Legislative Counci] Debates, Volume IV, pages 517-18, 649, 709—15 and 729—34. This Act came into force on 5th January, 1923. For Statement of Objects and Reasons, see Punjab Gazette, 1940, page 836, for Proccedings in Assembly, see Punjab Legislafive em- bly Debates, Valume XV, Papes 86-87. This Act was made apolicable to all pending cases,—(vide section 3), with the following words :—
"Notwithstending anything to the contrary in the Punjab General Clauses" Act, 1898, or any other law for the time being in force the provisions of this Act shall apply to all cases which may be pending at its commencement",
3
¥ B | 574 courts (1918 : Ph. A Vi
1 2 4
ended to the territorics whic ;\"
diately before the 1st November, 'onc- were comprised in the State of .p."fs(', and East Punjab States Uniion, lala Punjab Act 38 of 19571 » by
Amended by Punjab Act 35 of 9432 Amended by punjab Act 25 of 19642 Amendment by the Punjab Reorgan;. sation (Chandigarh) (Apaptation of Laws on State and Concurrent Subjects) Order 1968 :
w
An Act to validate all things done under the Punjab Courtg Act, 1914, as amended by Punjab Act IV of 1914, to repeal the said Acts or so much of them as may he valid and to enact a law relating to Courts in *Punjah which is free from the defect described in the preamble.
WHEREAS, it appears that the Punjab Courts Act, 1914, as assented to by the Lieutenant-Governor on the 15th January, 1914, and by the Governor-General on 27th April, 1914, and as published in the Punjab Gazette on 22nd May, 1914, included a clause, namely, clause (b) of sub-section (1) of section 39 which had not been passed by the Legislative Council of the Lieutenant-Governor, and whereas doubts have arisen as to the validity of things done under the said Act, and the amending Act, Punjab Act IV of 1914. '
And whereas it is expedient to validate all things done under the said Acts, to repeal the said Acts or so much of them as may be valid, and to enact a law relat- ing to Courts in *Punjab, which is free from the defect 2hove described, it is hereby enacted as follows:— 1For Stztement of Objects and Reasons, see Punjab Government lished in Punjob Gazette (Extraordinary), 1957, page 1675, First pub; Government Gazette '(Extraordinary), dated the 14th November, ¢ 2For Stctement of Objects and Reasons, see Punjab Governmen Guazette (Extruordinary), 1963, page 1162, 'First published in the' Punjab Government Gazette (Extraordinary) Legislative Supplemen! of 18th October, 1964, ¢
SFor Statement of Objects and Reasons, see Punjab Govemme'gn Gazette, (Extraordinary), 1964, pages 935—37. It came into ;forceD 0 the 2nd October, 1964, see Punjab Government, Home (Judicial) D€ pertment, Notification No, GSR 218/P.A. 25/64/S. 1/64, dated the 18! October, 1964. . ted
4Substituted for the words "East Punjab" (which had been mSe't.'m for the words "the Punjab" by the Indian Independence (Adaptati of Bengal and Punjab Acts) Order, 1948) by the Adaptation o (Third Amendment) Order, 1951,
f Laws
4
1918 : Ph. At VL] counrs
(.
3
~
(
& PART 1 , L (1) This Act may be called the Punjab Courtg Short title and Act, 1918 oxtent,
(2) Tt extends to "[Union territory of Chandigarh|.
2. In this Act— Definitions, the expression "the Punjab Courts Act, 1914, means what was published as the Punjab Courts Act, 1914, in Part V of the Punjab Gazette, dated 22nd May, 1914; and the expression "Punjab Act IV of 1914" means what was published as Punjab Act IV of 1914, in Part V of the Punjab Gazette, dated 20th November, 1914,
3. (1) (a) The provisions contained in Part II of Bnactment of this Act are hereby enacted, and shall be deemed to have %;'g":;"'é':u:f;"g had effect on and from the first day of August, 1914. the ![Union ter- ritory of Chandi- (b) The Punjab Courts Act, 1914, and Punjab Act sy, " CP=% IV of 1914, or so much of them as may be valid, are repeal- ed on and from the first day of August, 1914.
(2) All things done under the Punjab Courts Act, Validation og 1914, as amended by Punjab Act IV of 1914, shall be acts done. deemed to be in every way as valid as if the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full force and effect on and from the first day of August, 1914:
Provided, firstly, that any appeal which may have Proviso. been decided by the Chief Court in the exercise of juris- diction purporting to he exercised under section 39 (1) (b) of the Punjab Courts Act, 1914, shall be deemed to have been validly decided and shall not be called in ques- tion by reason of anything contained in this Act; And, secondly, that any appeal which before the commencement of this Act has been presented to the Chief Court under section 39 (1) (b) of the Punjab Courts Act, 1914, and which should not have been so presented if the said sub-section had run as set out in section 39 of Part IT of this Act shall if it has not been decided be transferred lSubslitu!eéfifor the word "i'uhjul}" bythe Pfi;:j;b Reorganisation (Chandigarh) (Adaptation of Laws on State end Concurrent Subjects) Order, 1968.
5
570 courts [1918 : Ph. At
L
by the said Court for disposal to the District Court h HVing
jfin'saiction;
And thirdly, that any appeal which would have lain to m? lzjhiei Co?lrt under section 39 (1) (b) of the Punjyy, Courts Act, 1914, but which lies to t}}e .DlstI'lCt Cout under the provisions of this Act and which 1I' presenteq t, 'the Chief Court at the commencement of this Act woylg be within time? shall be deemed to be presented Within time if presented to the District Court within sixty days from the commencement of this Act.
PART II
CHAPTER L
PRELIMINARY.
* * * * *® ® b * Repezl, 2. The enactment specified in the Schedule are here- by repealed to the extent mentioned in the fourth column thereof.
Definitions, 3. In this Part, unless there is something repugnant in the subject or context,—
(1) "Small cause" means a suit of the nature cog- nizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887;
(2) "Land-suit" means a suit relating to land as defined in section 4(1) of the Punjab Tenancy f&cté 1887, or to any right or interest in such and;
(3) "Unclassed suit" means a suit which is neither a small cause nor a land suit ; and
(4) "Velue" used with reference to a suit means the amount or value of the subject-matter of the suit.
~
Xl
1887
XV of
1887
1818 : Pb. Act VI.] courts . 577
CHAPTER II
4 to 17. 1ln - * * * -,
CHAPTER TII.
TxE SusorDINATE Civin COURTS. Classes of Courts.
1S. Besides *** the Courts of Small Causes establish- ed under the Provincial Small Cause Courts Act, 1887, =nd the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely:—
(1) The Court of the District Judge; * * * 3 2 @ ® ® *. and
(3) The Court of the Subordinate Judge,. » - - 4 - - Ed L4
19. (1) For the purposes of this Part the %[Central Government] shall divide the territories under its adminis- tration into civil districts. :
(2) The ®[Central Government] may alter the limits or the number of these districts.
20. The *[Central Government] shall appoint as many persons as it thinks necessary to be District Judges, and shall post one such person to each district as District Judge of that District:
Provided that the same person may, if the "[Central Government] thinks fit, be appointed to be District Judge of two or more districts.
*|21. (1) The °[Central Government], in consulta- tion with the High Court, may also appoint Additional District Judges to exercise jurisdiction in one or more courts of the District Judges.
"Repealed by Punjab Act IV of 1919, section 2Q1). 2The words "the Chief Court" were repealed by Punjab Act 1V of 1919, section 2(2). -,
3The hrackets, ficures and words "(2) The Court of the Additional Judge" omitted by Punjab Act 35 of 1963, section 2,
"The clause "(4) of the Court of Munsif' was repealed by P unjab
Act T nf 1022, section 3.
sSubstituted for the words "State Government" by the Puniab Re-
organisation (Chandiearh) (Adaptation of Laws on State and Con- current Subijects) Order, 1968.
eSubstituted by Punujab Act 35 of 1963, section 3. Classes of
Courfs.
Civil districts.
District Judge.
Additional Dis-
trict Judges.
7
Subordinate Judges.
578 courts [1918 : Ph. Agq VI
2 Jitional District Judges shall have jurisdictj,, to d('(ah])\\{?g: and dispose of such cases only SS the Higfl bourl. by general or special ord.er, may dlrectf 1em t9 dea) with and dispose of or as the D.lsmct Judg'e of the l,)'SLFict may make over to them for being dealt with and dispogeq of :
rovided that the cases pending with the Additj Distr}i)ét Judges immediately before the'ZBth day of J, 1963, shall be deemed to be cases so directed to be with or disposed of by the High Court or so made oy them by the District Judge of the District as the cagse be.
Onal
une,
dealt
er to
may
3) While dealing with and disposing of the cageg refer(red to in sub-section (2), an addltlon.al l?lstrlct Judge shall be deemed to be the Court of the District Judge.] '22. (1) The *[Central Government] may after cop. sultation with the High Court fix the number of Subordj. nate Judges to be appointed *[* * * o+ = 4]
'I(2) The High Court may confer on any Judicial Magistrate the powers of such class of Subordinate Judges as it may deem fit to be exercised by the Judicial Magis- trate within such local area as the High Court may define.]
23. [Repealed by section 5 of Punjab Act IX of 1922] ,(,Dife'"";fi',',g;;'; 24. The Court of the District Judge shall be deemed Civil Court orginal jurisdic-
tion,
of to be the District Court or "principal Civil Court of original jurisdiction jn the district, !Substituted by Punjab Act IX of 1922, section 4. For rules under sub-section (2), see S notification No. 24019, dated 16th October, 1923, Punjab Gazette, 1923, Part I, page 794, No, 7460, dated J1th March, 1924, Punjab Gazette, 193¢ e t, Purt 1, page 233 and No. 6158, dated 9th March, 1925; Punjab Gazette, 1925, Part I, page 152, "Substituted for the words "State Government" by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, 3The words "and when there is a vacancy in that number may, subject to the rules, if any, made under sub-section (2) appoint such person as is nominated by the High Court to the said vacancy" were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
"Added by Punjab Act 25 of 1964, section 2 and the Schedule. The ren as follows :—"The Local Govern- original sub-section (2) which ment may, after consultation with the High Court, make rules as to the ppointed Subordinate Judges" was omit- qualifications of persons to be a 1ied'lby the Government of India (Adaptation of Indian Laws), Order, 937,
R :
8
579
25. Except as otherwise provided by any enactment dxg:")"n'";}, furts- for the time being in force, the Court of the District Judge trict Judges in shall have jurisdiction in original civil suits without limit suits. as regards the value.
1918 : Pb. Act VI.] COURTS
26. The jurisdiction to be exercised in original civil pecuniary imits of juris-
suits as regards the value by any person appointed to be 1 a Subordinate Judge, * ' * shall * * * be determined *** by e g, the *[High Court) either by including him in a *Class * * * or otherwise as it thinks fit.
* * * * * T * * *
27. (1) The local limits of the jurisdiction of a Sub- TLocal limits of jurisdiction. ordinate Judge shall be such as the *[High Court] may
define.
* * * * * 9 % * * *'
(2) When the '[High Court] posts a Subordinate Judge * *°. * *toa district, the local limits of the dis- trict shall, in the absence of any direction to the contrary, te deemed to be the local limits of his jurisdiction.
28. °[(1) The "[Central Government] may after con- Special Judges sultation with the High Court appoint any person to be an @nd Benches. Honorary Subordinate Judge, and the High Court may confer on such Judge all or any of the powers conferable 1The words "or Munsif" were repealed by Punjab Act IX of 1922, section 6 (2).
2The words "in the case of a Subordinate Judgé" were repealed by Punjab Act IX of 1922, section 6(2).
3The words "by Local Government and, in_the case of a Munsif"
were repezled by section 6 (2) of Punjeb Act IX of 1922, section 6(2).
. 4Substituted for the words "Chief Court" by Punjab Act IV of 1919, section 2(5).
5See notification Nos. 4 and 10, dated 3rd January, 1923, Punjab Gazefte, Extraordinary, 1926.
6The words "or grade" were repealed by Punjab Act IX of 1922, section 6(2).
7Sub-section (2) and the proviso thereto were repealed by Punjab Act IX of 1922, section 6(3). .
ASubstjtufed for the words "Local Government" by Punjab Act IX of 1922, section 7.
vSuh-section (2) omitted and sub-section (3) renumbered as sub- section (2) and the words "or the High Court posts a Munsif' were omitted by Punjab Act IX of 1922, section 7 (2) and (3). 10Substituted by Punjab Act IX of 1922, section 8. 11Substituted for the words "State Government" by the Punjab Reorganisztion (Chandigarh) (Adaptation of Laws on State and Con~ current Subjects) Order, 1968.
Power to invest Subordinate Judge with
Small Cause Court jurisdic- tion
Exercise by Sub- ordinate Judge of Jjurisdiction of District
Court in certain proceedings, | 380 COURTS [1918 : Ph, Ay W under this Act on a Subordinate Judge with respee particular classes of suits or with respect to suitg generaun in any local area,] : y
(2) The *[Central Government] may direct any cven number of persons invested with powers of the 'san?' deseription and exercisable within the same local m.ee under this section to sit together as a bench; those Powm-?
shail, while the direction remains in force, be exercised fy, the bench so constituted, and not otherwise. 4
(3) The decision of the majority of the members of 3 beneh eanstituted under this section shall be deemed tq he the decision of the bench. - )
(4) Persons on whom powers, are conferred under this section and the benches constituted under this section shall be deemed, for the purposes of this Part, to be Sub- ordinate Judges A
29. The °[High Court] may, by notification in the Official Gazette, confer, within such local limits as it thinks fil upon any Subordinate Judge, * * *, the juris- diction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of suits, coznizable hy such Courts, up to such value not ex. ®¥. ceeding "[two thousand rupees] * * ¢ * = , as it thzlnks fit, and may withdraw any jurisdiction so confer- red.
30. The °[High Court] may by general or special crder authorise any Subordinate Judge to take cogni- zance of, or any District Judge to transfer to a Subordi- nate Judge under hiz esntrel, any of the proceedings next
hereinofter mentioned or any class of those proceedings
cpecified in such order. '
!Substituted for the words "State Government" by the Punjab Re- organisztion (Chandigerh) (Adaptation of Laws on State and Con- current Subjects) Order 1968, 1 2The vrords "o= Munsifs as the Local Government may direct" were onditted by Punjab Act IX of 1922, section 8(2). . tSubstitutey for the words "Locel Government" by Punjab Act IX 1922, section 9. K
"The words "or Muneifs" and "in the case of Subordinate Judze 9& two hundred and fifty rupces in the case of a Munsif," omitted by "]\" "rubstitufed for the words "five hundred rupees" by Puniab Ad 35 of 1963, section 4. 19 ®Substituted for the words "Chief Court" by Punjab Act IV of 1916 section 2 (5).
10
X of
1865.
V of
1883
1918 : Pb. Act VL. counts 581
(2) The procecdings veferred to in sub-section (1) are the following, namely:~-
(a) Proceedings under the Indian Succession Act, 1865' and the Probate and Administration Act, 1881" which cannot be disposed of by the Dis- trict Judge.
(b)t - . 3 e » - *
(3) The District Judge may withdraw any such preceedings taken cognizance of by or transferred to a Spb- ordinate Judge and may either himself dispose of ther or transfer'them {o a Court under his conirol competent cispose of them.
(4) Proceedings taken cognizance of by or transfer- red to a Subordinate Judge as the case may be under this section shall be disposed of by him, subject to the rules applicable to like proceedings when disposed of by the District Judge.
31. (1) The °[High Court] may fix the nlace or places at which any Court under this Part is to be held.
(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.
(3) Except as may be otherwise provided by any order under this section, a Court under this Part may be held at any place writhin the local limits of its juricdiction. 32 [* * + 4 s s ..
33. Subject to the gereral superintendence and con- trol of the *[High Court], the District Judge shall have control over all the Civil Courts under this Part within the Iocal limits of his jurisdiction.
34, Notwithstanding anything contained in the Code of Civil Procedure, every District Judge may by written order dircst that anv ~juil business cognizable by his Court iSec now {lc Indicn Succession Act, 1925 (NXVIV 5f 1025), *Clause (b) was remealed by Punisb 4ct, TV of 1976, sention 7. SSubstituted for the words "Local Government" by Punjab Act IX of 1822, section 10. :
iSection 72 wac smitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
oSulstituted for the words "Chief Court" by Punjab Act TV of 1919 section 2(5).
Place of sitt-
ing of Court.
Control of
Courts.
Power to dis-
tribute business.
11
582 courts (1918 : Ph, Aq VI, and the Courts wunder his control shall l{e dlstributod among such Courts in such manner as he thinks fit:
Provided that no direction isgucd under this sectiq shall empower any Court to exercise any p(.)w.ers.or de with any business beyond the limits of its Jurisdictiop Power to fine 36 ' (1) A District Court or any Court under the ¢qy,_ cesterial off-yr o1 o District Court may fine, in an amount not eXceed. ) ing one month's salary, any ministerial officer of the Court for misconduct or neglect in the performance of his dutieg,
(2) The District Court may, on appeal or otherwiSe, reverse or modify any order made under sub-section ( 1) by any Court under its control, and may of its own motjop fine up to the amount of one month's salary any ministeria] officer of any Court under its control. Delegation of 37. A District Court may, with the previous sanc- District JudE€s fion of the "[High Court] delegate to any Subordinate ro Judge in the district, the power conferred on a District Court by sections 33, *[and 341, of this Part and section 24 of the Code of Civil Procedure, to be exercised by the Sub- ¢rdinate Judge in any specified portion of the districts, sub- ject to the control of the District Court.
CHAPTER 1V,
S e,
APPELLATE ANnD REvVISIONAL JuRISDICTION IN CviL Casgs.
Dmfiz'?feal,y uf;;e': 38- (1) Save as otherwise provided by any enact- or Additionas ment for the time being in force, an appeal from a decree Judges. -_—
- Section 35 was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
2Substituted "or the words "Local Government" by Punjab Act IX of 1922, section 12,
TSubstituted for the figures and word '3'4 and 35" by the Govern- ment of India '(Adaptation of Indien Laws) Order, 1937. Vot
1908,
12
1918 : Pb. Act VI.] courts 583 or order of a District Judge or '[Additional District Judgel exercising original jurisdiction shall lie to the *[High Courtl.
(2) An appeal shall not lie to the *High Court] from a decree or order of an 'l Additional District Judgel in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.
39. (1) Save as aforesaid, an appeal from a decree Appeals from or order of a Subordinate Judge shall lie— ?l\;gg:dm"e *l(a) to the District Judge,—
(i) where the decree or order was made before the 28th day of June, 1963 and the value of the original suit in which the decree or order was made did not exceed five thousand rupees; or
(i) where the decree or order is made after the 28th day of June, 1963 and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees; and]
(b) to the *THigh Court] in any other case. * * * * * 4% * = =
°[(2) Subject to the provisions of sub-section (24), an appeal to the Court of the District Judge shall be heard by the District Judge or by an Additional District Judge.
(24) An Additional District Judge shall hear - on_ly such appeals as the High Court, by general or spec}al order, may direct or as the District Judge of the District may make over to him.]
°[(3) The High Court may by notification direct that appeals lying to the District Court from all or any of the ISubstituted fcr the words "Additional Judge" by Punjab Act 35 of 1963, section 4.
2Substituted for the words "Chief Court" by Punjab Act IV of 1919, section 2(5).
3Substituted by Punjab Act 35 of 1963, section 6(2). 4Sub-section (2), was omitted and sub-section (3) renumbered as sub-section (2), znd new sub-section (3) substituted for sub-section (4) by Punjab Act IX of 1922, section 14. For notification under sub-section l(é!), see Punjab Gazette, Extraordinary, dated 5th January, 1923, page 5Substituted by Punjab Act No. 35 of 1963, section 6(2). SSub-section (2) was omitted and sub-section (3) renumbered sub-section (2) and new sub-section (3) substituted for sub-section
(4) by Punjab Act IX of 1922, section 14. For notification under sub- section (3), see Punjab Gazette (Extraordinary), dated 5th January, 1923, page 13.
13
B 584 COURTS [1018 : Ph, Ay Vi, \ corders passed ity an original suit by any g'lbfirdih ;i?a::('glfdlg? :ll.\fll}ho preferred to such other 'Subordinqte J.ludqo ns'nmy be mentioned in the notlfic:}tm{\Z and . appénls shall thereupon be preferred accordingly and th, Court of such other Subordinate Judge shall be deemey |, be a District Court for the purposes of all appeals 5, pre. ferred.]
Power to trans- 40. (1) A District Judge may transfer any app,
fer to a Subordi- .
nate Judge ap- ¢ alg § ending before him from the decrees or orders of [Sub. rdinate Judges) to and *lother] Subordinate Judga ader Subordinate .. administrative contro! competent to dipsose of them, Judges. . > S
(2) The District Judge may withdraw any appeal s, transferred, and either hear and -dlsposg of 1t himself o transfer it to a Court under his administrative contro] competent to dispose of it.
(3) Appeals transferred under this sectio_n shall e disposed of subject to the rules apolicable to like appeals when disposed of by the District Judge.
(4) The powers confetred by this section shall be ex. ercised subject to such general or special orders as ma from time to time be issued in this behalf by the *[High Courtl. i : 41. (1) An appeal shall lie to the *(High Court] from
Se als,
f
e mpe every decree passed in appeal by any -Court subordinate *[Hi 3 following grounds,
(a) the decision being contrary to law or tp some custom or usage having the force of law: isi ving failed to determine some stom or usage hav- ing the force of law;
a substantial error gor defect in the procedura Vot provided by th Code of Civil Procedure, 1908, g4 or by 2ny athey law for the time being in force which may Passibly have produced error or defect in the decilsion of the case upon the merits, ISubstituteq for the word "Munsifs" IX of 1922,
2Inserfeq by Punjab Act IX of 1922, section 15,
"Substituted for the words "Chief
A
Court" by Punjab Act TV of 1919 section 2(5),
by section 15 of Punjab Act
14
1918 : Pb. Act VI.] courrts 585 '[Explanatior?._—z\ question relating to the existentce or validity of a custom or usage shall he decm- ed to be a question of law within the meaning of this section.]
(2) An appeal may lie under this section from an ap- pellate decree passed ex parte.
3) * « * N 2 » - .
42. (1) No second appeal shall lie except on the second appeal grounds mentioned in section 41. ;rrl o other
. 'ounds.
(2) No second appeal shall lie in any suit of the nature No second- ap- cognizable by Courts of Small Causes when the amount peal in certain or value of the subject-matter of the original suit does not "**' exceed five hundred rupees.
8 * = * L] 43' * * 4 * *
44-A. The *[High Court] may call for the record of any Revision. case which has been decided by any Court subordinate to it and in which no appeal lies thereto, and if such subordi- nate Court appears—
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity; the '[High Court] may make such order in the case as it thinks fit.
44-A. (1) The period of limitation for on appeal perioa of Limi- under section 41 of this Part shall be ninety days from the tation. date of ihe oecree appealed against. .
(2) In computing this period and in all respects not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the 'Indian Limitation Act, 1908 ) -~
1Inserted by Punjab Act VI of 1941, section 2(a). i 2Sub-section (3) omitted by Punjeb Act VI of 1942, section 2(b). 2Repealed by Punjab Act IV of 1919, section 2(4). 4Substituted for the words "Chief Court" by Punjab Act IV of 1919, section 2(5).
3See now the Indian Limitation Act, 1963.
15
586 courts [1918 : Ph. Act'yy
CHAPTER V.
SUPPLEMENTAL PROVISIONS
Mode, o8 ton= '[45- Except as otherwise provided by this part, any fering powers. powers that may be conferred by the High Court on any person under this part may be conferred on such person \either by name or by virtue of office.]
Continuance of 46. Whenever any person holding an office in tho powers of offi- seryice of Government who has been invested with any e powers under this Part throughout any local area is trapg, ferred or posted at any subsequgnt' time to an equal op
. higher office of the same nature within a like local area, he shall, unless the *[High Courtl, otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted. Provisions re- °l46-A. The High Court may from time to time make
"'f";'é Petitlon- 1les consistent with this Act and any other enactment for w the time being in force:—
(a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate thereto; :
(b) regulating the issue of licenses to such persons, the conduct of business by them, and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.]
c'g*';gfga y';f list 47. '[(1) Subject to such general orders as may be * made by the °[Central Government] the High Court shall prepare a list of days to be observed in each year as holi-
days in the Civil Courts subordinate thereto.]
(2) Every such list shall be published in the Official Gazette.
Substituted by Punjab Act IX of 1922, section 16. 2Substituted by Punjab Act IX of 1922, section 17, for "Local Go- vernment", 8Added by Punjab Act IV of 1919, section 2(6). 4Substituted by Punjab Act IV of 1919, section 2(7). SSubstituted for the word "State Government" by the Punjab Re- organisation (Chandisnrh) (Adaptation of Laws on State and Con- current Subjects) Order 1968,
16
1918 : Ph. Act VL] courrs 587 '[47-A. All suits, appeals, revisions, applications, re- :'r'd"i'r'l';"";mdrl';'z views, exccutions and other proceedings whatsoever whe- Ig,mccedlng, ther Civil or Criminal pending in the Chief Court of the Funjab shall be continued and concluded in the High Court of Judicature at Lahore as if the same had been had in
such High Court; and the High Court of Judicature at
Lahore shall have the same jurisdiction in relation to all such suits, appeals, revisions, reviews, executions, appli- tions and other proceedings as if the same had been com- nmennced and continued in such High Court.]
48. * * * * 2% * * * .,
49. (@) In section 117(2) of the Punjab Land Re- Amendment ot venue Act, 1887, in clause (c), "Subordinate Judge" shall e, Puniab Lz:':
be substituted for "District Judge" and in clause (d) and Punjab Tenancy ((: e) r';l')istrict Court" shall be substituted for "Divisional Act end = the ourt". & . . Act.
(b) In section 99(1) of the Punjab Tenancy Act, 1887
"District Judge" shall be substituted for "Divisional Judge". i
(¢) In section 7(v) (b) of the Indian Court-fees Act, 1870, for the word "five" shall be substituted the word
"ten".
50. For the definition of "District Judge", in section defi,,":{',';fi','":;' tmf. 2(15) of the Punjab General Clauses Act, 1898, the fol- trict b—'"dg: — lowing shall be substituted:— . §.';':,':e,, nAct_
i 1898,
"District Judge" shall mean the Judge of a princi- pal Civil Court of original jurisdiction, but shall not include the *[High Court] in the exer- cise of its ordinary or extraordinary original civil jurisdiction.
'[51. In every enactment now in force, and in every Reference 1n i =ity 1sti - appointment, order, rule, bye-law, notification or form Tnepses ,oi';';;;, made or issued thereunder all references to the Chief Court.
Court of the Punjab shall be construed when necessary as
referring to the High Court of Judicature at Lahore *[until
1Addeq by Punjab Act, IV ot 1919, section 2(8).
2Repealed Ly Punjub Act, IV of 1919, section 2(4).
#Substituted for the words "Chief Court" by Punjab Act IV of 1019, section 2(5).
*Added by Punjeb Act, IV of 1919, section 2(9).
#Inserted by the Indjan Independence (Adaptation of Benga]l and
Punjab Acts), Order, 1948 (G.G.O, 40),
17
588 courts [1918 : Ph. Act VI the fifteen days of Auguist, 19471, '[from that date and b, fore the commencement of the Constitution, as referrip, to the High Court of Tast Punjab, *lafter the commencq. ment of the Constitution, and before the 1st-day of Nov. ember, 1966 as referring to the Iigh Court of Punjab apg on and from that date, as referring to the High Coyrt of Punjab and Haryanal.
THE SCHEDULE
(See Section 2 of this Part) 1 v] 3 4
Year No. Sabject or short title EXtent of repeal AcTs OF THE GOVERNOR-GENERAL IN Council 1884 XVII TheDunjeb Courts Acts The whole 1682 X1 Citto Do
1825 XIX Ditto Do
1899 XXV Ditto Do
AcCTs OF THE LIBUTENANT-GOVERNGR of THE Punias 1N CouNciL 1905 1 Punjab Courts Amendment Act The whole
912 I Ditto Do 1913 vi Ditto Du
. JSubstituied for the words "and thereafter, as referring to the High Court of East Punjab" [vide the Indian Independence (Adzpta- tion of Bengal and Punjab Acts) Order, 1943] by the Adaptation of Laws (Third Amendment) Order, 1951.
"Substituted for the words "and after the Commencement of the Constitution as referring to the High Court of Punjab" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on Stcte and Con- cuarent Subyeets) Order, 1968,
18