The State Government may also from time to time,
by a notification in the Official Gazette, alter the position of the sadr
station in any district, and fix the position of the sadr station in any new
district. [STATE AMENDMENTS [Gujarat [1] [After
Section 4 The following section shall
be inserted, namely:- Position of Hadar station
of District of Ahmedabad to be in Ahmedabad City:- "4A. Notwithstanding
anything contained in section 4, the position of the saclar station of the
District of Ahmedabad at Nana]. shall ? be in the City of Ahmedabad. Explanation.? For the
purposes of this section and section 23A, "City of Ahmedabad" means
the City of Ahmedabad as defined by clause (2) of section 2 of the Ahmedabad
City Courts Act, 1961.".]]] 16.
Original Jurisdiction of [2] [Additional District
Judges.] The District Judge may
refer to any [3] [Additional District
Judge] subordinate to him [4]
[any original suits and proceedings of a civil nature], [5]
[applications or references under special Acts,] and miscellaneous
applications [6] [***] The [7]
[Additional District Judge] shall have jurisdiction to try such suits and to
dispose of such applications [8]
[or references]. When the [9]
[Additional District Judge's] decrees and orders in such cases are appealable,
the appeal shall lie to the District Judge or to the High Court according as the
amount or value of the subject-matter does not exceed or exceeds fifty thousand
rupees. [10] [***] [STATE AMENDMENTS [Gujarat [11] [In
Section 16 The words "fifty
thousand rupees", the words "one lac rupees" shall he
substituted.] [12] [In
Section 16 The words "twenty
thousand rupees", the words "fifty thousand rupees" shall be
substituted.]]] The [13]
[Civil Judges] shall hold their Courts at such place or places as the State
Government may from time to time appoint within the local limits of their
respective jurisdictions: [14] [Provided
that for special reasons it shall be lawful for the State Government to order
that a [15] [Civil Judge] shall hold
his Court at a place outside the local limits of his jurisdiction.] Wherever more than one such
place is appointed, the District Judge shall, subject to the control of the
High Court, fix the days on which the [16]
[Civil Judge] shall hold his Court at each of such places, and the [17]
[Civil Judge] shall cause such days to be duly notified throughout the local
limits of his jurisdiction.[18]
[Civil Judge] shall cause such days to be duly notified throughout the local
limits of his jurisdiction. The same person may be the
Judge of more than one subordinate Court [19]
[and may dispose of the Civil business of any one of his Courts at the
headquarters of any other of his Court;] and in such cases the, District Judge
shall, subject to the control of the High Court, prescribe rules for regulating
the time during which the [20]
[Civil Judge] shall sit in each Court. Appointment of Joint [21]
[Civil Judges]. [22] [For the
purpose of assisting the Judge of any subordinate Court in the disposal of the
civil business on his file, the High Court may appoint to such Court from the
members of the Subordinate Civil Judicial Service of the State one or more
Joint [23] [Civil Judges] or the
District Judge may, with the previous sanction of the High Court, depute to
such Court the Judges of another subordinate Court within the district. A [24]
[Civil Judge] thus appointed or deputed to assist in the Court of another [25]
[Civil Judge] shall dispose of such civil business within the limits of his
pecuniary jurisdiction as may, subject to the control of the District Judge, be
referred to him by the Judge of such Court. He may also dispose of the civil
business of his Court at the place of his deputation subject to the general or
special orders of the High Court in this behalf. [26] [Civil
Judge] shall dispose of such civil business within the limits of his pecuniary
jurisdiction as may, subject to the control of the District Judge, be referred
to him by the Judge of such Court. He may also dispose of the civil business of
his Court at the place of his deputation subject to the general or special
orders of the High Court in this behalf. Provisions applicable to
Joint Civil Judges. For the purposes of this
section the provisions of the Act applicable to [27]
[Civil Judges] shall be, and shall be deemed always to have been applicable to
Joint [28] [Civil Judges]; Provided
that no such Joint [29]
[Civil Judge] shall hear and determine any suit instituted under section 4 of
the Dekkhan Agriculturists' Relief Act, 1879, unless the value of the said suit
falls within the limits of the pecuniary jurisdiction conferred on him by that
Act.] [30] [Civil Judge] shall hear
and determine any suit instituted under section 4 of the Dekkhan
Agriculturists' Relief Act, 1879, unless the value of the said suit falls
within the limits of the pecuniary jurisdiction conferred on him by that Act.] [STATE AMENDMENTS [Gujarat [31] [After
Section 23 The following section shall
be inserted:- Civil Court of Civil judge
of District of Ahmedabad at Narol to hold their court in Ahemdabad City:- "23A. Notwithstanding
anything contained in section 23, the Civil Judges of the Civil Court at Narol
in the District of Ahmedabad' shall hold their. Courts in the City of
Ahmedabad.]]] The[32]
[Civil Judges] shall be of two classes. Jurisdiction of[33]
[Civil Judge (Senior Division)].[34]
[Civil Judge (Senior Division)]. The jurisdiction of a[35]
[Civil Judge (Senior Division)] extends to all original suits and proceedings
of a civil nature. Jurisdiction of[36]
[Civil Judge (Junior Division)]. The jurisdiction of a[37]
[Civil Judge (Junior Division)] extends to all original suits and proceedings
of a civil nature wherein the subject-matter does not exceed in amount or
value [38] [twenty-five thousand
rupees]:[39] [twenty-five thousand
rupees]: [40] [Provided
that the State Government may increase the limit of [41]
[twenty-five thousand rupees to forty thousand rupees] in the case of any[42]
[Civil Judge (Junior Division)] of not less than ten years standing and
specially recommended in this behalf by the High Court. A Civil Judge so em[43]
[Civil Judge (Junior Division)] of not less than ten years standing and
specially recommended in this behalf by the High Court. A Civil Judge so em [STATE AMENDMENTS [Gujarat [44] [In
Section 24 The words "fifty
thousand rupees", the words "one lac rupees" shall be
substituted.] [45] [In
Section 24 The words "twenty
thousand rupees", the words "fifty thousand rupees" shall be
substituted.]]] In all suits decided by a Civil Judge[46]
[* * * *] of which the amount or value of the subject-matter exceeds[47]
[fifty thousand rupees], the appeal from his decision shall be direct to the
High Court. Gujarat Amendment.-- In its application to the
State of Gujarat in Section 26 for the words "ten thousand
rupees"( Rupees fifty thousand from 1 - 1 -S 4 ) the words "twenty
thousand rupees" substituted -- See Guj. Act ( 20 of 1979 ), Section
4 ( 1 - 1 - 1980 ). [STATE AMENDMENTS [Gujarat [48] [In
Section 26 The words "fifty
thousand rupees", the words "one lac rupees" shall be
substituted.] [49] [In
Section 26 The words "twenty
thousand rupees", the words "fifty thousand rupees" shall be
substituted.]]] [50] [28.
Power to invest Civil Judges with small cause powers (1)
The High Court may invest any Civil Judge with the jurisdiction of
a Court of Small Causes for the trial of suits cognizable by such Courts up to
such amount as it may deem proper, not exceeding in the case of a Civil Judge
(Senior Division) [51] [three
thousand rupees] and in the case of a Civil Judge (Junior Division) [52] [One
thousand and five hundred rupees]. (2)
A Civil Judge (Senior Division) or a Civil Judge (Junior Division)
who is invested with the jurisdiction of a Court of Small Causes under
sub-section (1), shall continue to have such jurisdiction within the local
limits of his ordinary jurisdiction so long and so often as he may fill the
office of Civil Judge (Senior Division) or Civil Judge (Junior Division), as
the case may be, without reference to the District in which he may be employed. (3)
The High Court may, whenever it thinks fit, withdraw such
jurisdiction from any Civil Judge so invested.] (4)
Every order made by a Civil Judge by virtue of the powers
conferred upon him under sub-section (1) shall be subject to appeal to the High
Court or the District Court according as the amount or value of the
subject-matter exceeds or does not exceed [53] [fifty
thousand rupees]. (5)
Every order of the District Judge passed on appeal under
sub-section (2) from the order of a Civil Judge shall be subject to an appeal
to the High Court under the rules contained in the Code of Civil Procedure
applicable to appeals from appellate decrees.] [STATE AMENDMENTS [Gujarat [54] [After
Section 28 In Section 28A, In
sub-section (2) The words "fifty
thousand rupees", the words "one lac rupees" shall be
substituted.] [55] [In
Section 26 The words "twenty
thousand rupees", the words "fifty thousand rupees" shall be
substituted.]]] The District and Subordinate Courts shall sit from day to day
except on Sundays. [56]
[* ******** *] and such other days as may be sanctioned for each or every
district by the High Court. Vacation The High Court may also permit the Civil Courts under its control
to adjourn for a period or periods not exceeding in the whole six weeks in each
year. [STATE
AMENDMENTS [Gujarat [57] [In
Section 43 The words "Sundays, New Year's Day, Good Friday and Christmas
Day the word "Sundays" shall be substituted.]]] [1] Inserted
by Bombay Civil Courts (Gujarat Amendment) Act, 1989. [2]
These
words were substituted for the words "Assistant Judge" by Mah. 27 of
1984, s. 2(a). [3]
These
words were substituted for the words "Assistant Judge" by Mah. 27 of
1984, s. 2(a). [4] These
words were substituted for the words "original suits of which the subject
matter does not amount to forty thousand rupees" by Mah. 10 of 1983, s.
2(a). [5] These
words were inserted by s. 2 of the Bombay Civil Courts (Amendment) Act, 1900
(Bom. 1 of 1900). [6] The words
"not being of the nature of appeals" were deleted by Bom. 94 of 1958,
s. 4. [7]
These
words were substituted for the words "Assistant Judge" by Mah. 27 of
1984, s. 2(a). [8] The words
"The present Assistant Judges shall be the first Assistant Judges under
this Act" were repealed by the Repealing Act, 1876 (12 of 1876). [9]
These
words were substituted for the words "Assistant Judge" by Mah. 27 of
1984, s. 2(a). [10] The words
and figures "The Assistant Judge shall, when directed by the District
Judge so to do also take evidence on applications for certificates under Bombay
Regulation 8 of 1827 (to provide for the formal recognition of heirs, executors
and administrators and for the appointment of administrators and managers of
property by the Courts), Act No. XXVII of 1860 (for facilitating the collection
of debts on succession and for the security of parties paying debts to the
representatives of deceased persons), were repealed by the Succession
Certificate Act, 1889 (7 of 1889), and the words and figures and Act No. XX of
1864 (for making better provisions far the care of the persons and property of
minors in the Presidency of Bombay) and shall forward it with his opinion
thereon for the final orders of the District Judge," were repealed by the
Guardians and Wards Act, 1890 (8 of 1890). [11]
Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 2002. [12] Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 1993. [13] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [14] Proviso
added by Bom. Act 1 of 1900, Section 4. [15] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [16] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [17] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [18] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [19]
Inserted
by Bom. Act 7 of 1930, Section 2. [20] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [21] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [22] Last two
paragraphs substituted for original para by Bom. Act 1 of 1900, Section 4. [23] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [24] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [25] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [26] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [27] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [28] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [29] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [30] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3
read with Bom. Act 48 of 1947.Section 3. [31] Inserted
by Bombay Civil Courts (Gujarat Amendment) Act, 1989. [32] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945,
Section 3 read with Bom. Act 48 of 1947.Section 3. [33] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section
3 read with Bom. Act 48 of 1947.Section 3. [34] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945,
Section 3 read with Bom. Act 48 of 1947.Section 3. [35] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section
3 read with Bom. Act 48 of 1947.Section 3. [36] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945,
Section 3 read with Bom. Act 48 of 1947.Section 3. [37] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section
3 read with Bom. Act 48 of 1947.Section 3. [38]
Substituted
for the words "ten thousand rupees" where they occur for the first
time, by. [39]
Substituted
for the words "ten thousand rupees" where they occur for the first
time, by. [40] Proviso
inserted by Bom. Act 7 of 1930, Section 3. [41]
Substituted
for the words "ten thousand rupees to fifteen thousand rupees" by the
Bombay Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act
(Maha. Act 46 of 1977), Section 13(b) (1-1-1978). [42] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945,
Section 3 read with Bom. Act 48 of 1947.Section 3. [43] Substituted
for the words "Subordinate Judges" by Bom. Act 10 of 1945,
Section 3 read with Bom. Act 48 of 1947.Section 3. [44]
Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 2002. [45] Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 1993. [46] Words
"of the first class in the exercise of his ordinary and special original jurisdiction"
were repealed by Bom. Act 28 of 1930, Section 2. [47] Substituted
for the words "twenty-five thousand rupees" by the Bombay Civil
Courts (Amdt.) Act. 1982(Maha.Act 10 of 1983). Section 3 (1-1-1984 ). [48] Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 2002. [49] Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 1993. [50]
Substituted
for the original section by Bom. Act 94 of 1958, S. 7 (1-4-1959). [51] Substituted
for the words "one thousand and five hundred rupees" by the Maharashtra
Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of
1977), Section 15(a) (1-1-1978). [52] Substituted
for the words "five hundred rupees" where they occur for the second
time by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and
Amendment) Act (46 of 1977), Section 15(b) [53] Substituted
for the words "twenty-five thousand rupees" by the Bombay Civil
Courts (Amdt.) Act, 1982, (10 of 1983), Section 4(1-1-1984). [54]
Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 2002. [55]
Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 1993. [56]
Deleted
by the Bombay Civil Courts (Amdt.) Act, 1982 (Maha. Act 10 of 1983), Section
5 (1-1-1984). [57] Substituted
by Bombay Civil Courts (Gujarat Amendment) Act, 1982.BOMBAY
CIVIL COURTS ACT, 1869 (GUJARAT AMENDMENT)