ANDHRA PRADESH
(TELANGANA AREA) CIVIL COURTS ACT, 1954 [1]THE
ANDHRA PRADESH (TELANGANA AREA) CIVIL COURTS ACT, 1954 [Act No. 36 of 1954] [21st December, 1954] An Act to re-enact the law relating to Civil Courts. Whereas it is expedient to
re-enact the law relating to Civil Courts in the [2]
[Telangana area of the State of Andhra Pradesh]; Be it enacted in the Fifth
Year of Our Republic as follows:-- (1)
This Act may be called [3]
[the Andhra Pradesh (Telangana Area) Civil Courts Act, 1954]. (2)
It extends to the whole of [4]
[the Telangana area of the State of Andhra Pradesh]. (3)
Sections 11 and 12 of this Act shall be deemed to have come into
force on the 16th day of October, 1952; the rest of this Act shall come into
force from the date of its publication in the Official Gazette. (1)
The Government may, for the purposes of this Act, from time to
time, by notification in the Official Gazette.? (a)
create new Districts and Taluqs; or (b)
alter the local limits of existing Districts or Taluqas by
transfer of a Taluqa or a portion of a Taluqa from the limits of one District
to another District, or by transfer of a portion of a Taluqa from the limits of
one Taluqa to another Taluqa. (2)
The Districts and Taluqas existing at the time when this Act comes
into force shall, until an order is made under sub-section (1), be the
Districts and Taluqas for the purposes of this Act. (1)
The Government may, from time to time, by notification in the
Official Gazette specify the places at which the Judges and Munsiffs under this
Act shall ordinarily hold their court. (2)
The places at which the said Judges and Munsiffs hold their court
at present shall, until an order is made under sub-section (1), be deemed to be
the places so specified by the Government under sub-section (1). (1)
The Government shall in consultation with the High Court establish
a Court of District Judge for each District or for more than one District and
appoint a District Judge for each District or Districts. (2)
The Government may, if it thinks fit, appoint one or more
Additional District Judges for one or more such Districts. (3)
The Additional District Judges so appointed shall discharge all or
any of the functions of the District Judge under this Act or any other law for
the time being in force, which the District Judge may assign to them, and in
the discharge of those functions, they shall exercise the same powers as the
District Judge. (4)
Notwithstanding anything contained in sections 2 and 3 of this
Act, the High Court may, by notification in the Official Gazette, specify the
local limits of the jurisdiction and the place within such limits at which such
Judge or each of such Judges, Additional District Judge or each of such
Additional District Judges shall ordinarily hold his court. (1)
The Government may establish a Court of a Subordinate Judge for
each District or for more than one District and appoint a Subordinate Judge for
each District or Districts. (2)
The Government may, if it thinks fit, appoint one or more
Additional Subordinate Judges for one or more such District or Districts. (3)
The Additional Subordinate Judges so appointed shall, subject to
the general or special orders of the District Judge, discharge all or any of
the functions of the Subordinate Judge, which the said Subordinate Judge may
assign to him and in the discharge of those functions they shall exercise the
same powers as the Subordinate Judge. (4)
Notwithstanding anything contained in sections 2 and 3 of this
Act, the High Court may, by notification in the Official Gazette specify the
local limits of the jurisdiction and the place within the local limits at which
such Subordinate Judge or each of such Subordinate Judges, Additional Subordinate
Judge or each of such Additional Subordinate Judges shall ordinarily hold his
court. (1)
The Government may, establish a Court of Munsiff for each Taluqa
or for more than one Taluqa and appoint a Munsiff for such Taluqa or Taluqas. (2)
The Government may, if it thinks fit, appoint one or more
Additional Munsiffs for one or more such Taluqas. (3)
The Additional Munsiffs so appointed shall, subject to the special
or general orders of the District Judge, discharge all or any of the functions
of the Munsiff which the said Munsiff shall assign to him and in the discharge
of those functions shall exercise all the powers as the Munsiff. (4)
Notwithstanding anything contained in sections 2 and 3, the High
Court may, by notification in the Official Gazette specify the local limits of
the jurisdiction and the place within such local limits at which such Munsiff
or each of such Munsiffs, Additional Munsiff or each of such Additional
Munsiffs shall ordinarily hold his Court. (1) The State
Government may, by notification in the Official Gazette appoint a court
consisting of one or more Judges to try and dispose of a case or cases or for a
part of the State or for the whole State and may specify the class of cases
which the Court may try and dispose of. Appeals. (2) Appeal
from the Judgment of such court shall lie to the High Court. (1) Notwithstanding
anything contained in sections 2, 3, 4, 5 and 6 the High Court may, by
notification in the Official Gazette specify the place or places (other than
the places where they ordinarily hold their Court) at which the Judges and
Munsiffs mentioned in sections 4, 5 and 6 shall hold their Court: Provided that where more
than one place is specified as the place where a Court shall sit the High Court
shall specify in the Notification the period for which or the days on which and
the purpose for which such Court shall sit at each of such places. (2) The
places specified under sub-section (1) shall be deemed to be within the
jurisdiction of the said Court. Notwithstanding anything
contained in sections 4, 5 and 6 the High Court may, by notification in the
Official Gazette, empower any Additional District Judge, Additional Subordinate
Judge and Additional Munsiff to exercise all or any of the powers of a District
Judge, Subordinate Judge and Munsiff, as the case may be, for a specified area. Every Court appointed under
this Act shall use a seal of such form and dimensions as the High Court may,
with the approval of the Government, specify. The classes of Civil Courts
and the pecuniary jurisdiction of the Judges thereof in original suits shall be
as follows:-- In the Districts (1) the Court of the District Judge or
the Court of Additional District Judge. With unlimited jurisdiction. (2) the Court of Subordinate Judge or
Additional Subordinate Judge. With jurisdiction not exceeding
rupees twenty thousand. (3) the Court of the Munsiff or
Additional Munsiff. With jurisdiction not exceeding
rupees two thousand. In the City Civil Court (1) the Courts of First and Second
Judges. With unlimited jurisdiction. (2) the Courts of Third and Fourth
Judges. With jurisdiction not exceeding
rupees five thousand. (3) the Courts of Fifth Judge. With jurisdiction not exceeding
rupees two thousand. (1)
The First Judge of the City Civil Court may, from time to time,
make such arrangements as he may think fit for the distribution of the business
of the Court among the various Judges thereof. (2)
The Second Judge of the City Civil Court, shall subject to the
general or special order of the High Court discharge all or any of the
functions of the First Judge of that Court which the said First Judge may
assign to him and in the discharge of those functions the said Second Judge
shall exercise the same powers as the said First Judge. The Government may on the
recommendation of the High Court, by notification in the official Gazette
increase the original pecuniary jurisdiction of-- (a)
a Subordinate Judge, or an Additional Subordinate Judge, from
rupees twenty thousand to any sum not exceeding rupees fifty thousand; or (b)
a Munsiff or an Additional Munsiff from rupees two thousand to any
sum not exceeding rupees five thousand: Provided the Government may,
by notification in the Official Gazette, delegate to the High Court its powers
under this section: Provided further that
nothing in this section shall be deemed to affect any pecuniary jurisdiction of
a Munsiff or Additional Munsiff which was being validly exercised immediately
before the commencement of this Act. (1)
Save as otherwise provided by any enactment for the time being in
force, an appeal from a decree or order of a District Judge or Additional
District Judge shall lie to the High Court. (2)
An appeal shall not lie to the High Court from a decree or order
of an Additional District Judge, in a case in which, if the decree or order had
been made by the District Judge, an appeal would not lie to that Court. (1)
Save as aforesaid, an appeal from a decree or order of a
Subordinate Judge or an Additional Subordinate Judge shall lie? (a)
to the District Judge--where the value of the original suit in
which or any proceeding arising out of which the decree or order was made does
not exceed rupees five thousand, and (b)
to the High Court, in any other case. (2)
Save as aforesaid, an appeal from a decree or order of a Munsiff
or Additional Munsiff shall lie to the District Judge. (1)
Save as aforesaid, an appeal from a decree or order of the First
Judge or the Second Judge of the City Civil Court, shall lie to the High Court. (2)
The First Judge of the City Civil Court and the Second Judge of
the City Civil Court, subject to condition laid down in sub-section (1) of
section 12, may take cognizance of an appeal from every decree or order of
other Judges of the said Court from which an appeal is allowed under any law in
force. (1)
No Judge or Munsiff shall take cognizance of a suit in which he
himself is a party or has any interest or concern. (2)
No Judge or Munsiff shall take cognizance of an appeal or
application filed against an order or decree passed by him, by way of review or
rectification. (3)
In the cases mentioned in sub-sections (1) and (2), the said Judge
or Munsiff, as the case may be, shall, as early as possible, send the case
together with a report of the circumstances in which he is not competent to
entertain the suit or appeal to the Court to which an appeal would lie from his
judgment and the said Court shall proceed with the suit or appeal, as the case
may be, under the provisions of the Code of Civil Procedure, 1908. (1)
The District Judge shall have general control over all the
Subordinate Civil Courts and their establishments within his District and it
shall be his duty to supervise and inspect or to cause one of his assistants to
inspect the proceedings of such Courts and give them directions, as he may
think necessary and the subordinate Courts shall act in accordance therewith. (2)
The District Judge shall also refer to the High Court such matters
as appear to him to require that a rule of that Court should be made thereof. The Government or the High
Court may call for statements, administrative reports and returns from all
Courts and the Courts shall comply with such orders of the Government or the
High Court, as the case may be. The Government may, to such
extent as it thinks fit, confer upon any Court the [powers in respect of
selection and recommendation for the appointment and promotion of ministerial officers
and staff and for their leave, suspension, punishment and removal and until so
empowered the powers already conferred on such Court by the Hyderabad Civil
Services (Classification, Control and Appeal) Rules, 1952[5] shall
continue to be exercised. The Hyderabad Civil Courts
Act, 1324 F., is hereby repealed: Provided that all Courts
established or continued, appointments made, notifications issued, orders
passed, action taken, or things done, or deemed or purported to have been so
done under the said Act, shall be deemed to be established, continued, made,
issued, passed, taken, or done under the provisions of the Act. [1]
Published
in Gazette Extraordinary No. 207, dated 21st December, 1954. [2]
The words
"Hyderabad area of the State of Andhra Pradesh" were Substituted for
the words "Hyderabad State" by the A.P.A.O. 1957 and these words were
Substituted for the words "Hyderabad area of the State of Andhra
Pradesh" by A.P. Act IX of 1961. [3]
Substituted
for the original short title by A.P. Act IX of 1961. [4]
The words
"the Hyderabad area of the State of Andhra Pradesh" were Substituted
for the words "the Hyderabad State" by the A.P.A.O. 1957 and these
words were Substituted for the words "the Hyderabad area of the State of
Andhra Pradesh" by A.P. Act IX of 1961. [5]
See now
the Andhra Pradesh Civil Services (Clarification; Control and Appeal) Rules,
1963.
Preamble - ANDHRA PRADESH (TELANGANA AREA) CIVIL COURTS ACT, 1954PREAMBLE