KARNATAKA CIVIL COURTS ACT, 1964

Preamble - THE KARNATAKA CIVIL COURTS ACT, 1964

THE [1]KARNATAKA CIVIL COURTS ACT, 1964

[ Act No. 21 of 1964]

[09th April, 1964]

As amended by Act Nos. 11 of 1965; 81 of 1976; 8 of 1978; 28 of 1978; 13 of 1980; 11 of 1981; 26 of 1985; 13 of 1989; 3 of 1994; 16 of 1996 and 26 of 2007; 21 of 2009

PREAMBLE

An Act to provide for a uniform law relating to the constitution, powers and jurisdiction of the Civil Courts in the State of Karnataka subordinate to the High Court of Karnataka.

Whereas it is expedient to provide for a uniform law relating to the constitution, powers and jurisdiction of the Civil Courts in the State of Karnataka subordinate to the High Court of Karnataka.

Be it enacted by the Karnataka State Legislature in the Fourteenth year of the Republic of India as follows:-

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the [2]Karnataka Civil Courts Act, 1964.

 

(2)     It extends to the [3] [whole of the State of [4]Karnataka except the City of Bangalore.]

[5] [(3) It shall come into force on such date as the State Government may, by notification, appoint.]

Section 2 - Definitions

In this Act unless the context otherwise requires.-

(a)      'appointed day' means the date notified under sub-section (3) of Section 1;

[6] [(aa) 'City of Bangalore' shall have the meaning assigned to it in the Bangalore City Civil Courts Act, 1979;]

(b)      'Civil Court' means a District Court, [7] [[8] [Court of a Senior Civil Judge]] or a [9] [[10] [Court of a Civil Judge];]

 

(c)      'District' means a revenue district or such local area as may be notified by the State Government to be a district for the purposes of this Act;

[11] [Explanation:- For the purpose of this clause Bangalore Revenue District shall be exclusive of the City of Bangalore]

(d)      'High Court' means the High Court of the State of Karnataka;

 

(e)      'Notification' means a notification published in the Official Gazette;

 

(f)       'Prescribed' means prescribed by rules made under this Act.

 

Section 3 - Class and designation of Civil Courts

There shall be, three classes of Civil Courts subordinate to the High Court, namely,

(1)     the District Court

 

(2)     the [12] [[13] [Court of a Senior Civil Judge]]; and

(3)     the [14] [[15] [Court of a Civil Judge]]

Section 4 - Establishment of a District Court for a District

(1)     There shall be a District Court for each District;

Provided that the State Government may, in consultation with the High Court, establish a District Court for more than one district.

(2)     Each District Court shall be presided over by a District Judge.

 

Section 5 - Appointment of Additional District Judges

(1)     The State Government may, on the recommendation of the High Court, appoint one or more Additional District Judges to a District Court for such period as it may deem necessary.

 

(2)     The Additional District Judge so appointed shall subject to the general or special order of the High Court, 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 him, and in the discharge of those functions, he shall exercise the same powers as the District Judge.

 

Section 6 - Establishment of Courts of Senior Civil Judges

(1)     There shall be a [16] [[17] [Court of a Senior Civil Judge]] for each District;

Provided that the State government may, in consultation with the High Court, establish such a Court for part of a district, or for more than one district, as the case may be.

(2)     Each [18] [[19] [Court of Senior Civil Judge]] shall be presided over by a [20] [[21] [Senior Civil Judge]]

 

Section 7 - Establishment of Courts of Civil Judges

(1)     There shall be in each district such number of [22] [[23] [Court of a Civil Judge]] as may be fixed by the State government, in consultation with the High Court.

 

(2)     Each [24] [[25] [Court of a Civil Judge]] shall be presided over by a [26] [[27] [Civil Judge]].

 

Section 8 - Number of Senior Civil Judges and Civil Judges to the Court of a Senior Civil Judge or Civil Judge

The State Government may in consultation with the High Court fix and from time to time vary, by notification, the number of [28] [[29] [Senior Civil Judges]] to be appointed for the [30] [[31] [Court of a Senior Civil Judge]] and the number of [32] [[33] [Civil Judges]] to be appointed for the [34] [[35] [Court of a Civil Judge].]

 

Section 9 - Distribution of work when more than one judge is appointed to a Court

(1)     When more than one [36] [[37] [Senior Civil Judge]] is appointed to the [38] [[39] [Court of a Senior Civil Judge, or more than one [40] [[41] [Civil Judge]] is appointed to a [42] [[43] [Court of Civil Judge]], one of the [44] [[45] [Senior Civil Judges]] or one of the [46] [[47] [Civil Judges], shall be appointed as the Principal [48] [[49] [Senior Civil Judge]] or the Principal [50] [[51] [Civil Judge]] and the other Additional [52] [[53] [Senior Civil Judges]] or Additional [54] [[55] [Civil Judges]], as the case may be.

 

(2)     Each of the judges appointed to the [56] [[57] [Court of a Senior Civil Judge]] or a [58] [[59] [Court of Civil Judge]] may exercise all or any of the powers conferred on such Court by this Act or any other law for the time being in force.

 

(3)     Subject to the general or special orders of the District Judge, the Principal [60] [[61] [Senior Civil Judge]] or the Principal [62] [[63] [Civil Judge]] may, from time to time, make such arrangements as he thinks fit, for the distribution of the business of the Court among the various [64] [[65] [Senior Civil Judges]] or [66] [[67] [Civil Judges]] thereof.

 

Section 10 - Locality of Courts

(1)     The place or places at which every Civil Court under this Act shall be held shall be fixed and may from time to time be altered, by the State government in consultation with the High Court.

 

(2)     The place at which the said courts are being held immediately prior to the appointed day, shall, until an order is made under sub-section (1) be deemed to be the places fixed under sub-section (1).

 

(3)     The places fixed for any Court under this Section shall be deemed to be within the local limits of the jurisdiction of that court.

 

Section 11 - Seal of Courts

Every Civil Court under this Act, shall use a seal which shall bear thereon the [68] [Karnataka State Emblem], and shall be in such form, of such dimensions and with the name of the court in such language, as the State Government may by order, determine;

Provided that the seals in use in every such Civil Court immediately prior to the appointed day may continue to be used until an order is made by the State Government under this Section.

 

Section 12 - Existing Courts to be deemed to be courts established under this Act

(1)     The District Courts existing immediately prior to the appointed day shall be deemed to be District Courts established under this Act, until they are reconstituted in accordance with this Act.

 

(2)     The following Courts existing in the State immediately prior to the appointed day, namely.-

 

(a)      the Courts of Civil Judges (Senior Division) in the Bombay area;

 

(b)      the Courts of Civil Judges in the Mysore area; and

 

(c)      the Courts of Subordinate Judges, shall be deemed to be Courts of Civil Judges established under this Act.

 

(3)     The following Courts existing immediately prior to the appointed day, namely. ?

 

(a)      the Courts of Civil Judges (Junior Division) in the Bombay area;

 

(b)      the Courts of Munsiffs in the Mysore area, the Hyderabad area and the Coorg District; and

 

(c)      the Courts of District Munsiff in the Madras area, shall be deemed to be Munsiff?s Courts established under the Act.

Section 13 - Local limits of jurisdiction

(1)     The State Government shall, in consultation with the High Court, and subject to the provisions of Section 4 and Section 6 of this Act, fix and may from time to time vary, by notification, the local limits of the jurisdiction of any District Court or [69] [[70] [Court of Senior Civil Judge]] under this Act.

(2)     The State Government shall, in consultation with the High Court, fix and may from time to time vary by notification the local limits of jurisdiction of any [71] [[72] [Court of Civil Judge]] under this Act.

 

(3)     Until notifications are issued under sub-section (1) or sub-section (2) the existing local limits of jurisdiction of every Civil Court shall be deemed to have been fixed under this Act.

[73] [(4) Where the local limits of the jurisdiction of any District Court, [74][[75] [Court of Senior Civil Judge]] or [76][[77] [Court of Civil Judge]] is varied by a notification issued under sub-section (1) or sub-section (2), the High Court may make such orders as it may consider necessary for the transfer

 

Section 14 - Jurisdiction of District Courts

(1)     The District Court shall be deemed to be the Principal Civil Court of original Jurisdiction within the local limits of its jurisdiction.

 

(2)     Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the jurisdiction of a District Court shall extend to all original suits and proceedings of a civil nature.

 

Section 15 - Control of Subordinate Courts by District Court

The District Court shall, subject to the general control of the High Court, have control over all other Civil Courts within the local limits of its jurisdiction.

 

Section 16 - Jurisdiction of Senior Civil Judge

[78] [[79] [The jurisdiction of the [80] [[81] [Court of a Senior Civil Judge]] shall extend to all original suits and proceedings of a civil nature.

 

Section 17 - Jurisdiction of Civil Judge

[82] [[83] [The jurisdiction of a [84] [[85] [Court of Civil Judge]] shall extend to all original suits and proceedings of a civil nature, not otherwise excluded from the [86] [[87] [Civil Judge's]] jurisdiction, of which the amount or value of the subject matter does not exceed [88] [[89] [five lakh rupees].

 

Section 18 - Appeals from District Courts

Appeals from the decrees and orders passed by a District Court in original suits and proceedings of a civil nature shall, when such appeals are allowed by law, lie to the High Court.

 

Section 19 - Appeals from Senior Civil Judge

[90]Appeals from the decrees and orders passed by a [91] [[92] [Senior Civil Judge]] in original suits and proceedings of a civil nature, shall when such appeals are allowed by law, lie.-

(1)     to the District Court, when the amount or value of the subject matter of the original suit or proceeding [93] [[94] [does not exceed ten lakh rupees];

 

(2)     to the High Court, in other cases.

 

Section 20 - Appeals from Civil Judge

[95] [96](1) Appeals from the decrees and orders passed by a [97] [[98] [Civil Judge]] in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the [99] [[100] [Court of the Senior Civil Judge]].

 

Section 21 - Appellate jurisdiction of the Judge of Court of Small Causes

The-High Court may, by notification, invest any judge of the Court of Small Causes established under the Karnataka Small Cause Courts Act, 1964, with powers to hear appeals from such decrees and orders of [101] [[102] [Court of Civil Judge]] as may be referred to him by the District Judge.

Section 22 - Power to invest the Court of the Civil Judge (Senior Division) with small cause powers

[103] [(1) The High Court, may by notification, invest within such limits, as it shall from time to time, determine, the Court of a Civil Judge (Senior Division) with jurisdiction for the trial of suits organizable by a Court of small causes upto twenty-five thousand rupees.

(2) ??The High Court, may by notification, withdraw or alter, whenever it thinks fit, such jurisdiction of the Court of the Civil Judge (Senior Division) so invested.]

 

Section 23 - Power to invest Senior Civil Judge with jurisdiction under certain Acts

(1)     The High Court may, by notification, invest any [104] [[105] [Senior Civil Judge]] within such local limits and subject to such pecuniary limitation as may be specified in such notification, with all or any of the powers of a District Judge or a District Court, as the case may be under the following Acts, namely.-

 

(i)       The Indian Divorce Act, 1869 (Central Act 4 of 1869);

 

(ii)      The Guardians and Wards Act, 1890 (Central Act 8 of 1980);

(iii)     The Indian Lunacy Act, 1912 (Central Act 4 of 1912);

 

(iv)    [106] [xxxxxx]

 

(v)      The Special Marriage Act, 1954 (Central act 43 of 1954)

 

(2)     Every order made by a [107] [[108] [Senior Civil Judge]] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal.-

 

(i)       to the District Court, when the amount or value of the subject matter is less than twenty thousand rupees;

 

(ii)      to the High Court, in other cases.

 

(3)     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, 1908 applicable from appellate decrees.

 

Section 23A - Investiture of Subordinate Courts with jurisdiction of District Court under the Indian Succession Act, 1925

[109] [(1) The High Court may, by notification, invest any [110] [[111] [Senior Civil Judge]] or [112] [[113] [Civil Judge]], within such local limits and subject to such pecuniary and other limitations as may be specified in such notification, with all or any of the powers of a District Judge under the Indian Succession Act, 1925 (Central Act 39 of 1925).

(2) ???Any [114] [[115] [Senior Civil Judge]] or [116] [[117] [Civil Judge]] invested with powers under sub-section (1) shall have concurrent jurisdiction with the District Judge in the exercise of the powers conferred by the said Act upon the District Judge, and the provisions of the said Act relating to the District Judge shall apply to such [118] [[119] [Senior Civil Judge]] or [120] [[121] [Civil Judge]], as the case may be, as if he were the District Judge:

Provided that, every order made by the [122] [[123] [Senior Civil Judge]] or [124] [[125] [Civil Judge]] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal.-

(i)       to the [126] [[127] [Senior Court of Civil Judge]] when the order is passed by the [128] [[129] [Civil Judge]];

(ii)      to the District Court when the order is passed by a [130] [[131] [Senior Civil Judge]]

(3) ??Every order passed on appeal under the proviso to sub-section (2) shall be subject to appeal to the High Court under the rules contained in the Code of Civil Procedure, 1908 applicable to appeals from appellate decrees.

 

Section 24 - Judges not to try suits in which they are interested; nor to try appeals from decrees passed by them in other capacities

(1)     No District Judge, [132] [[133] [Senior Civil Judge]] or [134] [[135] [Civil Judge]] shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceedings connected with or arising out of such suit.

 

(2)     No District Judge, [136] [[137] [Senior Civil Judge]] or Judge of the Court of Small Causes shall try any appeal against any decree or order passed by himself in any other capacity.

 

(3)     When any such suit, proceeding or appeal comes before any such judge or [138] [[139] [Civil Judge]], he shall report the circumstances to the Court to which he is immediately subordinate.

 

(4)     The Superior Court shall there upon dispose of the case in the manner prescribed by Section 24 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

 

Section 25 - Temporary charge of office of District Judge

[140] [(1) In the event of the death, suspension, resignation or removal of the District Judge, or of his being incapacitated from performing his duties by illness or otherwise or of his absence on leave or for any other reason from the place in which his court is held, the Senior Additional District Judge, or the Additional District Judge, as the case may be, or if there be no Additional District Judge, the [141] [[142] [Senior Civil Judge]] of the Court at that place if there be only one, and if there be more than one the Principal [143] [[144] [Senior Civil Judge]] and if such Principal [145] [[146] [Senior Civil Judge]] is absent, the Additional [147] [[148] [Senior Civil Judge]] present thereof, shall, without relinquishing his ordinary duties, assume charge of the District Court and shall continue in charge thereof until the same is assumed by the District Judge or by a Judge duly appointed thereto.

(2) ??While in charge of the District Court, under sub-section (1), the Senior Additional District Judge, the Additional District Judge, the Principal [149] [[150] [Senior Civil Judge]], the Additional [151] [[152] [Senior Civil Judge]] or the [153] [[154] [Senior Civil Judge]], as the case may be, shall, subject to the general or special orders of the High Court issued in this behalf, exercise all the powers and perform all the duties of the District Judge.

 

Section 26 - Transfer of proceedings on vacation of office by Senior Civil Judge or Civil Judge

(1)     In the event of the death, suspension, resignation or removal of a [155] [[156] [Senior Civil Judge]] or [157] [[158] [Civil Judge]] or of his being incapacitated by illness or otherwise from performing his duties or of his absence on leave or for any other reason from the place at which the court is held, the District judge may, subject to the general or special orders of the High Court, withdraw any of the proceedings in the court of such [159] [[160] [Senior Civil Judge]] or [161] [[162] [Civil Judge]] to his own court or transfer them to any other court under his administrative control, competent to dispose them.

 

(2)     Proceedings withdrawn or transferred under sub-section (1) shall be disposed of as if they had been instituted in the court to which they had been so withdrawn or transferred.

(3)     The District Judge may re-transfer to the court of [163] [[164] [Senior Civil Judge]] or [165] [[166] [Civil Judge]] any proceedings withdrawn or transferred under sub-section (1), to his own or any other court.

 

(4)     For the purpose of proceedings which are not pending in the Court of a [167] [[168] [Senior Civil Judge]] or [169] [[170] [Civil Judge]] on the occurrence of an event referred to in sub-section (1), and with respect to which that court has exclusive jurisdiction, the District Judge may exercise all or any of the powers and jurisdiction of that Court.]

 

Section 27 - Power of High Court to make rules

(1)     The High Court may, after previous publication, by notification, make rules consistent with this Act and any other law for the time being in force.-

 

(a)      prescribing the manner in which the proceedings of each Civil Court shall be kept and recorded;

 

(b)      regulating the grant of copies of papers in Civil Courts;

 

(c)      regulating the duties and functions of the ministerial officers of Civil Courts;

 

(d)      declaring what persons shall be permitted to act as petition writers in the Civil Courts and regulating the issue of licenses to such persons, the conduct of business by them, and the scale of fees to be charged by them;

 

(e)      providing a penalty of such amount not exceeding fifty rupees for breach of any of the rules made under clause (d);

 

(f)       determining the authority by which such breaches of the rules shall be investigated and the penalties imposed.

 

(2)     Every penalty imposed under a rule made under sub-section (1) shall be recovered as if it were a fine imposed by a Magistrate in the exercise of his ordinary jurisdiction.

 

Section 28 - Vacation

(1)     The Civil Courts in the state or in any area of the state shall be closed on such days as may be notified by the State Government as public holidays for the whole state or for such area in the state.

 

(2)     The Civil Courts shall have three vacations in each year, namely, Summer, Dasara and Winter and total number of the said three vacations shall not exceed [171] [sixty days] and the High Court shall fix the period of each vacation.

 

(3)     Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act 5 of 1908).-

 

(a)      the High Court, may where there are more than one District Judge in any District Court, designate by notification any one of those District Judges as the Vacation District Judge for the duration of the adjournment of any District Court in [172] [any vacation or of any part thereof];

[173] [(b) Where there is only one District Judge in any district, the High Court may, by notification, designate such District Judge or appoint a [174] [[175] [Senior Civil Judge]] in the district as the Vacation District Judge or the Vacation [176] [[177] [Senior Civil Judge]], as the case may be, of the District Court thereof for the duration of the adjournment of such District Court in [178] [any vacation or any part thereof].

The High Court may regulate, by special or general order, work to be discharged by the Vacation [179] [[180] [Senior Civil Judge]] or the Vacation District Judge.]

(4)     (a) The local limits of the jurisdiction of the Vacation District Judge or vacation [181] [[182] [Senior Civil Judge]] shall be the same as those of the District Court concerned.

(b) The jurisdiction of the Vacation [183] [[184] [Senior Civil Judge]] shall extend to all suits, appeals and other proceedings pending in or cognizable by any Civil Court (whether a District Court, a [185] [[186] [Court of the Senior Civil Judge]] or a [187] [[188] [Court of the Civil Judge]] in the district concerned when such Court is adjourned for [189] [any] vacation.

(5)     The place at which the Court of the Vacation District Judge or the Vacation [190] [[191] [Senior Civil Judge]] shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation District Judge or the Vacation [192] [[193] [Senior Civil Judge]] shall have such administrative control over the staff of the several Civil Courts in the District, as the High Court may, by general or special order, determine.

 

(6)     Notwithstanding the appointment of the Vacation District Judge or the Vacation [194] [[195] [Senior Civil Judge]], every Civil Court in the District shall, during the period it is adjourned for [196] [any] vacation, be deemed to be closed for the purpose of Section 4 of the Limitation Act, 1963 (Central Act 36 of 1963).

 

(7)     On the re-opening of the District Court, a [197] [[198] [Court of a Senior Civil Judge]] or a [199] [[200] [Court of Civil Judge]], after [201] [any] vacation, all suits, appeals and other proceedings pending in the Court of the Vacation

(8)     District Judge or Vacation [202] [[203] [Senior Civil Judge]] which, but for this Section, would have been instituted or pending in such District Court, [204] [[205] [Court of the Senior Civil Judge]] or a [206] [[207] [Court of the Civil Judge]], as the case may be, shall be transferred to such District Court, [208] [[209] [Court of the Senior Civil Judge]] or a [210] [[211] [Court of the Civil Judge]], and any decree, order or proceeding passed by the Vacation District Judge or the Vacation [212] [[213] [Senior Civil Judge]] shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned.

 

(9)     Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation [214] [[215] [Senior Civil Judge]] shall, when such appeal is allowed by law, lie to the High Court.

 

Section 29 - Repeal and Savings

(1)     On and from the appointed day the enactments specified in the schedule to this Act shall stand repealed:

Provided that such repeal shall not affect the previous operation of the enactments so repealed and anything done or any action taken (including the districts formed, limits defined, courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdiction defined or vested and notifications or notices issued by or under the provisions thereof, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.

[216] [(1A) Notwithstanding anything in sub-section (1) or in any other law, any reference in any law or instrument to a Civil Court shall be deemed to be a reference to the corresponding Civil Court deemed to be established under this Act as specified in Section 12 or to such Civil Court established under this Act as the case may be.]

(2)     Notwithstanding anything in sub-section (1) or any other provision of this Act or in any enactment repealed by sub-section (1) or in any other law or provision having the force of law-

 

(a)      all suits and proceedings (other than appeals and proceedings connected therewith] pending before any Court which under this Act have to be instituted or commenced in another court shall on the appointed day, stand transferred to such other court, and shall be continued and disposed of by such suits and proceedings, had been instituted or commenced in such other court.

 

(b)      in respect of suits and proceedings referred to in clause (a).

(i)       of which the amount or value of the subject matter does not exceed ten thousand rupees, no appeal shall lie to the District Court but shall lies to the Civil Judge;

 

(ii)      of which the amount or value of the subject matter exceeds ten thousand rupees but is less than twenty thousand rupees, no appeal shall lie to the High Court but shall lie to the District Court;

 

(c)      appeals and proceedings connected therewith, pending before the High Court which under this act have to be preferred to a Court of Civil Judge or District Court, shall save in the cases specified in clause (d), on the appointed day, stand transferred to the Court of the Civil Judge or the District Judge, as the case may be, and shall be disposed of by such court in accordance with law as if such appeals or proceedings had been preferred to such court of the Civil Judge or the District Court;

 

(d)      appeals and proceedings connected therewith pending before the High Court from the decrees and orders passed by a Subordinate Judge or a Civil Judge in the Mysore area, or a Subordinate Judge in the Hyderabad area and Madras area, in original suits and proceedings of a civil nature of which the amount or value of the subject matter is less than twenty thousand rupees, disposed of by such court in accordance with law as if such appeals or proceedings have been preferred to such court;

 

(e)      appeals and proceedings connected therewith pending before a District Court from the decrees or order passed by a Munsiff in the Hyderabad area and the Coorg District or a District Munsiff in the Madras area shall, on the appointed day, stand transferred to the Court of the Civil Judge and shall be disposed of by such court in accordance with law as of such appeals or proceedings had been preferred to such court.

[217] [(ee) appeals and proceedings connected therewith pending before a District Court from the decrees and orders passed by a Civil Judge (Junior Division), other than a Joint Civil Judge (Junior Division) appointed or deputed to assist in the Court of a Civil judge (Senior Division under Section 23 of the Bombay Civil Courts Act, 1869, shall, on the date of commencement of the Mysore Civil Courts (Amendment) Act, 1965, stand transferred to the Court of the Civil Judge, and shall be disposed of by such court in accordance with law as if such appeals or proceedings had been preferred to such court:]

(f)       in respect of all suits or proceedings disposed of before the appointed day by:-

 

(i)       a Munsiff in the Mysore area, Hyderabad area and Coorg District;

 

(ii)      a District Munsiff in the Madras area; and

 

(iii)     a Civil Judge (Junior Division) in the Bombay area, no appeal lie to the District Court but an appeal shall lie to the Court of the Civil Judge under this Act;

 

(g)      in respect of all suits or proceedings disposed of before the appointed day, by a Subordinate Judge in the Mysore area, no appeal shall lie to the District Court but an appeal shall lie to the Court of Civil Judge;

 

(h)     in respect of all suits or proceedings disposed of before the appointed day of which the amount or value of the subject matter does not exceed ten thousand rupees by a subordinate Judge in the Hyderabad area or the Madras area, no appeal shall lie to the Court of the Civil Judge but an appeal shall lie to the District Court;

 

(i)       in respect of all suits or proceedings disposed of before the appointed day of which the amount or value exceeds ten thousand rupees but is less than twenty thousand rupees;

(i) ???by any Court other than a District Court, no appeal shall lie to the High Court, but an appeal shall lie to the District Court; and

(ii) ??by a District Court, an appeal shall lie to the High Court;

(j)       if in respect of any suit or proceeding disposed of before the appointed day, an appeal lies to the District Court instead of an appeal to the High Court, the period of limitation for preferring the appeal to the District Court shall be the same as for preferring the appeal to the High Court.

 

(3)     If there be any doubt as to which Court any suit, appeal or proceeding shall stand transferred or as to which Court any appeal shall be preferred in accordance with the provisions of sub-section (2), the Court designated by the High Court shall be the Court to which such suit, appeal or proceeding shall be transferred or such appeal shall be preferred and the decision of the High Court shall be final.

 

Section 30 - Substitution of the expression 'Civil Judge' and 'Munsiff' for other expressions in certain laws in force

In any law or rule, notification or order in force, for the expression in column (1) below, the expression in the corresponding entry in column (2) shall be substituted.-

 

Section 30A - Substitution of the expression "Senior Civil Judge", "Civil Judge", Court of Senior Civil Judge", "Court of Civil Judge" for the expressions in certain laws in force

[218] [Unless the context otherwise requires, in any law in force or rule, notification or order made thereunder, for the expressions in column (1) below, the expressions in the corresponding entry in column (2) shall be substituted, namely:-

 

Section 30B - Construction of references to Civil Judge, Court of the Civil Judge or Civil Judges Court or Civil Judges Court or Court of Civil Judge (Senior Division), Munsiff and Munsiff's Court, Civil Judge (Junior Division) and Court of Civil Judge (Junior Division) in any judgement and decree etc.

[219]Unless the context otherwise requires, any reference made to in any judgment, decree, order or other instrument prior to the date of commencment of the Karnataka Civil Courts (Amendment) Act, 2009 to,-

(i)       "Civil Judge (Senior Division)" shall be construed as reference to "Senior Civil Judge" and "Court of the Civil Judge " or "Civil Judges Court" or " "Court of the Civil Judges (Senior Division)" shall be construed as reference to "Court of Senior Civil Judge".

 

(ii)      "Munsiff's" Civil Judge (Junior Division)" shall be construed as reference to "Civil Judge" and or "Munsiff's Court" "Court of Civil Judge (Junior Division)" shall be construed as reference to "Court of Civil Judge".]

 

Schedule - SCHEDULE

SCHEDULE

(See Section 29)

1.        The Bombay Civil Courts Act, 1869 (Act 14 of 1869)

 

2.        The Madras Civil Courts Act, 1873 (Act 3 of 1873)

 

3.        The Mysore Civil Courts Act, 1883 (Act 1 of 1883)

 

4.        The Hyderabad Civil Courts Act, 1954 (Act 36 of 1954)

 

5.        The Coorg Courts Act, 1948 (Coorg Act 2 of 1948)