OUDH COURTS ACT, 1925 THE OUDH COURTS ACT, 1925[1] [Act No. 04 of 1925][2] [16th May, 1925] Supplemented by the Oudh Courts (Supplementary) Act, 1925 (Act XXXII of 1925)[3]. Repealed in part by the Guardians and Wards (Amendment) Act, 1926 (Act IV of 1926)[4]. Amended by the U.P. Act no. XIV of 1934[5] Amended by the U.P. Civil Judges (Designation) Act, 1936 (U.P. Act no IV of 1936)[6] Amended by the U.P. Act no. IX of 1939[7]. Amended by the U.P. Act no. XIV of 1939[8]. Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937. Adapted and modified by the Adaptation of Laws Order, 1950. An Act to amend and consolidate the law relating to the Courts in Oudh. WHEREAS it is expedient to amend and consolidate the law relating to the Courts in Oudh; and whereas the Governor General has given his previous sanction to the passing of this Act as required by sub-section (3) of section 80A of the Government of India Act; It is hereby enacted as follows: (1) This Act may be called the Oudh Courts Act, 1925[9] . (2) It extends to Oudh. (3) It shall come into force on such date[10] as the [Central Government][11] may, by notification in the [Official Gazette][12] direct. ? In this Act, unless there is something repugnant in the subject or context,-- (i) "Senior Judge" means the Judge for the time being entitled to the first place in rank and precedence. (ii) "Value" used with reference to a suit, proceeding or appeal means the amount or value of the subject matter of the suit, proceeding or appeal. On and from the commencement of this Act there shall be established for Oudh a Chief Court hereinafter referred to as the Chief Court. [The Chief Court shall consist of a Chief Judge and such other Judges as may be appointed under the Government of India Act, 1935.][13] *******[14] (1) The Chief Judge, whether permanent or officiating, shall have rank and precedence before the other Judges of the Chief Court. (2) Save as aforesaid, the Judges of the Chief Court shall have rank and precedence according to the priority of their appointments as such Judges: Provided that a Judge permanently appointed shall have rank and precedence before an officiating Judge. * * * * *[15] The Chief Court shall be deemed for the purposes of all enactments for the time being in force to be the highest Civil Court of appeal and revision. The Chief Court shall be the highest Court of Criminal appeal and revision. Except as otherwise provided by this Act or by any other enactment for the time being in force and subject to any rules made under this Act the jurisdiction of the Chief Court may be exercised by a single Judge of the Court: Provided that ***[16] a single Judge of the Chief Court shall not be competent to hear and decide a case, whether of a civil or of a criminal nature, which cannot ordinarily be heard by a single Judge of the High Court of Judicature at Allahabad. (1) The Chief Court may make rule[17] to provide in such manner, as it may fit, for the exercise of any of its powers by a Bench of two or more Judges of the Court, and declaring what number of Judges, not being less than three, shall constitute a full Bench of the Court. (2) Subject to the provisions of sub-section (1) the senior Judge of the Chief Court may determine which Judge in each case or class of cases shall sit alone and which Judges shall constitute any Bench. (1) [Notwithstanding any provision to the contrary contained in any enactment for the time being in force][18] an appeal from any original decree or from any order against which an appeal is permitted by any law for the time being in force, made by a single Judge of the Chief Court, shall lie to a Bench consisting of two other Judges of the Chief Court. Appeals from appellate civil jurisdiction of a single Judge. (2) ?[Notwithstanding any provision to the contrary contained in any enactment for the time being in force][19] an appeal from any appellate decree made by a single Judge of the Chief Court shall lie to a Bench consisting of two other Judges of the Chief Court, if the Judge who made the decree declares that the case is a fit one for appeal. [Notwithstanding anything contained in section 98 of the Code of Civil Procedure Act V of 1908[20] or in any other enactment for the time being in force:][21] (i) where there is a difference of opinion among the Judges composing any Bench of the Chief Court the decision shall be in accordance with the opinion of the majority of those Judges; (ii) if there is no such majority then? (a) if the Bench is a full Bench, the decision shall be in accordance with the opinion of the senior Judge; (b) in other cases the Bench before which the difference has arisen shall either refer the question to a full Bench and dispose of the case in accordance with the decision of the full Bench or refer the whole case for decision to a full Bench. (1) Any single Judge of the Chief Court and any Bench of the Judges of the Chief Court, not being a full Bench, may in any case refer for the decision of a full Bench any question of law or custom having the force of law, or of the construction of any document, or of the admissibility of any evidence, arising before the Judge or Bench and shall dispose of the case in accordance with the decision of the full Bench. (2) Any Judge of the Chief Court may, if he thinks fit, refer any appeal or application coming before him for hearing as a single Judge to a Bench of two Judges for decision. When in any case any such question as is referred to in sub-section (1) of section 14 has been decided by a Judge of the Chief Court exercising original criminal jurisdiction, and no reference has made under the provision of that sub-section or of section 434 of the Code of Criminal Procedure, 1898 (Act V of 1898),[22] the Chief Court may, on it being certified by the Government Advocate that in his opinion the decision should be further considered, review the case or such part of it as may be necessary, and finally determine the question and may thereupon alter the judgment, order or sentence, passed by the Judge, and pass such judgment, order or sentence, as it thinks right. (1) The Chief Court may make rules regulating the manner in which evidence shall, be taken and judgments, decrees, and orders recorded in proceedings in the Court in the exercise of its civil jurisdiction. (2) The following provisions of the Code of Civil Procedure, 1908 (Act V of 1908)[23] shall not apply to the Chief Court [while exercising][24] its***[25] original civil jurisdiction, namely,-- (a) r. 3 of O. X. (b) rr. 5, 6, 7, 8, 9, 11, 13, 14, 15 and 16 (so far as it relates to the manner of taking evidence) of O. XVIII. (c) rr. 1, 3, 4 and 5 of O. XX. (d) r. 7 of O. XXXIII (so far as it relates to the making of a memorandum). (3) r. 35 of O. XLI of the said Code shall not apply to the Chief Court in the exercise of its appellate jurisdiction. (1) [There may be appointed for the Chief Court][26] a Registrar, a Deputy Registrar, and such other ministerial officers as may be necessary for the administration of justice by the Court and for the exercise and performance of the powers conferred and duties imposed on it by this Act or by any other enactment for the time being in force. (2) ***[27] (3) The officers appointed under this section shall exercise such powers and discharge such duties as the Chief Court may direct. (4) ***[28]. (1) The general superintendence and control over all other Civil Courts shall be vested in, and all such Courts shall be subordinate to, the Chief Court. (2) The Chief Judge of the Chief Court or a Judge of the Chief Court appointed by him shall from time to time visit and inspect the proceedings of the Court subordinate to the Chief Court and shall give such directions in matters not provided for by law as may be necessary to secure the due administration of justice. (1) The Chief Court shall keep such registers, books, and accounts as may be necessary for the transaction of the business of the Court and shall submit to the [State Government][29] such of those registers, books, and accounts, and such statements of the work done in the Court as may be required by the said Government. (2) The Chief Court shall also comply with such requisition as may be made by the [Central Government][30] or by the [State Government][31] for certified copies of or extracts from the records of the Chief Court and the Courts subordinate thereto. (1) The Chief Court may, with the sanction of the [State Government][32] and after previous publication, make rules[33]? (a) providing for the translation of any papers filed in the Chief Court and the copying or printing of any such papers or translations and requiring from the persons at whose instance or on whose behalf they are filed payment of the expenses thereby incurred. (b) declaring what persons shall be permitted to practise as petition-writers in the Courts of Oudh, and regulating the conduct of business by persons so practising, (c) determining in what cases persons practising in those Courts shall be permitted to address the Court in English, (d) prescribing the forms for seals to be used by those Courts, (e) regulating the procedure in cases where any person is entitled to inspect the records of any such Court or obtain a copy of the same, and prescribing the fees payable by such persons for searches, inspections, and copies, (f) prescribing the travelling and other expenses to be allowed to witnesses in civil cases and the fees to be allowed to commissioners appointed by such Courts, (g) conferring such powers and imposing such duties of a non-judicial or quasi-judicial nature as it thinks fit on the ministerial officers of the Chief Court and of the Courts subordinate to it and regulating the mode in which powers so conferred and duties so imposed shall be exercised and performed, (h) prescribing forms to be used in the Courts subordinate to it for such proceedings, books, entries, statistics, and accounts as it thinks necessary, (i) providing for the inspection of the Courts subordinate to it and the supervision of the work thereof, and (j) regulating all such matters as it may think fit with a view to promote the efficiency of the judicial and ministerial officers of the Chief Court and of the Courts subordinate thereto and the maintaining of proper discipline among those officers. (2) When by any provision of this Act power is given to the Chief Court to make rules such rules shall be made with the approval of a majority of the Judges of the Court. (3) Whoever commits a breach of any rule made under clause (b) of sub-section (1) shall be punishable with fine which may extend to Rs. 50. Besides the Chief Court, the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887 (Act IX of 1887),[34] and the Courts established under any other enactment for the time being in force, there shall be four grades of Civil Courts in Oudh, namely-- (1) The Court of the District Judge. (2) The Court of the Additional Judge. (3) The Court of the [Civil][35] Judge. (4) The Court of the Munsif. (1) The State Government][36] shall, by notification in the [Official Gazette][37] fix the local limits of the jurisdiction of any subordinate Civil Court or person invested with the powers of a subordinate Civil Court under this Act.[38] (2) If the same local jurisdiction is assigned to two or more [Civil][39] Judges or to two or more Munsifs, the District Judge may assign to each of them such civil business cognizable by the [Civil][40] Judge or Munsif, as the case may be, subject to any general or special orders of the Chief Court, as he thinks fit. (3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to one of two or more [Civil][41] Judges or to one of two or more Munsifs a decree or order passed by the [Civil][42] Judge or Munsif shall not be invalid by reason only of the case in which it was made having risen wholly or in part in a place beyond such local area if that place is within the local limits fixed by the [State Government][43] under sub-section (1). * * *[44] (1) When the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the [State Government][45] may [after consulting][46] the Chief Court appoint such additional Judges as may be necessary. (2) Any Additional Judge so appointed shall discharge any of the functions of a District Judge 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. (1) In the event of the death, resignation or removal of a District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or if an Additional Judge is not present at that place, the [Civil][47] Judge present thereat shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge, or assumed by an officer duly appointed thereto (2) While in charge of the office of the District Judge the Additional Judge or [Civil][48] Judge, as the case may be, may, subject to any rules which the Chief Court may make in this behalf, exercise any of the powers of the District Judge * * *[49] * * *[50] (1) **[51]The Court of the District Judge shall be the principal Civil Court of original jurisdiction in the area over which his jurisdiction extends. (2) Subject to the general superintendence and control of the Chief Court the District Judge shall have control over all the Civil Courts within the local limits of his jurisdiction. Subject to the provisions of the Code of Civil Procedure, 1908 (Act V of 1908)[52], and of any other enactment for the time being in force-- (a) the [Courts][53] of the District Judge [and the Civil Judge][54] shall have jurisdiction to hear and determine any suit or original proceeding without restriction as regards the value; * * *[55] (b) [56]the Court of a Munsif shall have jurisdiction: to hear and determine any suit or original proceeding of which the value does not exceed Rs. 2,000. Provided that the Chief Court may from time to time direct by notification in the [Official Gazette][57]***[58]with respect to any Munsif named therein that his jurisdiction shall extend, subject as aforesaid, to all original suits and proceedings of such value not exceeding Rs. 5,000 as may be specified in the notification (1) The [State Government][59] may confer on any person all or any of the powers of a [Civil][60] judge or Munsif with respect to particular classes of cases or with respect to cases generally in any local area (2) The [State Government][61] may direct that any uneven number of persons invested with powers of the same description and exercisable within the same local area under this section shall sit together as a Bench and those powers shall, while the direction remains in force, be exercised by the Bench so constituted and not otherwise. (3) The decision of the majority of the members of a Bench constituted under this section shall be deemed to be 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 Act to be [Civil][62] Judges or Munsifs as the [State Government][63] may direct. (1) The Chief Court may by general or special order authorize any [Civil][64] judge to take cognizance of or any District Judge to transfer to a [Civil][65] Judge under his control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in such order.[66] (2) The proceedings referred to in sub-section (1) are the following, namely,-- (a) Proceedings under the Indian Succession Act, 1865 (Act X of 1865)[67] and the Probate and Administration Act, 1881 (Act V of 1881),[68] , which cannot be disposed of by District Delegates. (b) * * * *[69] (3) The District Judge may withdraw any such proceedings taken cognizance of by or transferred to a [Civil][70] Judge and may either himself dispose of them or transfer them to a Court under his control competent to dispose of them. (4) Proceedings taken cognizance of by a transferred to a [Civil][71] 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. The Chief Court may, by notification in the [Official Gazette][72], confer, within such local limits is it think fit, upon any [Civil][73] Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (Act IX of 1887)[74], for the trial of suits cognizable by such Courts up to such value not exceeding Rs. 500 in the case of a [Civil][75] Judge, or Rs. 250 in the case of a Munsif, as it thinks fit (1) The [State Government][76] may fix the place or places at which any Court constituted under this Act shall be held.[77] (2) Such place or places may be beyond the local limits of the jurisdiction of the Court. (1) The District Judge on the occurrence within the local limits of his jurisdiction of any vacancy in the office of Munsif may appoint such person as he thinks fit to act in the office until that person is relieved by a Munsif appointed under section 27[78] or his appointment is cancelled by the District Judge. (2) The District Judge shall forthwith report to the Chief Court the occurrence of every such vacancy and the making and cancelling of every such appointment. * * *[79] * * *[80] * * *[81] (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 Judge shall lie to the Chief Court. (2) An appeal shall not lie to the Chief Court from a decree or order of an Additional Judge 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. (1) Save as aforesaid an appeal from a decree or order of a [Civil][82] Judge shall lie? (a) to the District Judge where the value of the original suit in which, for in any proceedings arising out of which, the decree or order was made did not exceed Rs. 5,000, and (b) to the Chief Court in any other case. (2) Save as aforesaid and appeal from a decree or order of a Munsif shall lie to the District Judge. (3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge the appeal may be preferred to the Additional Judge. (4) The Chief Court may, with the previous sanction of the [State Government][83] by notification[84] in the [Official Gazette][85] direct that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders passed by any Munsif shall be preferred to the Court of such [Civil][86] Judge as may be mentioned in the notification and such appeal shall thereupon be preferred accordingly. (1) A District Judge may transfer to any [Civil][87] Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs and such [Civil][88] Judge shall hear and dispose of such appeals accordingly. (2) The District Judge may withdraw any appeal so transferred and either hear or dispose of it himself or transfer it to a court under his administrative control competent to dispose of it. (3) The powers conferred by this section shall be exercised subject to such general or special orders as may from time to time be issued in this behalf by the Chief Court. All proceedings instituted before and pending at the commencement of this Act in the Judicial Commissioner's Court shall be continued in the Chief Court as if they had been instituted in that Court: Provided that nothing herein contained shall be construed to extend the period of limitation to which any suit, appeal or application may be subject. Appeals from decrees and orders passed but not appealed against before the commencement of this Act in all cases where such appeals would before that date have lain to the Judicial Commissioner's Court shall lie to the Chief Court: Provided that nothing herein contained shall be construed to extend the period of limitation to which any such appeal may be subject. All decrees passed and orders made before the commencement of this Act by the Judicial Commissioner's Court and all sentences and orders-passed in the exercise of criminal Jurisdiction by that Court shall be deemed for the purposes of execution to have been passed or made by the Chief Court. * * *[89] (1) The presiding officer of a Civil Court shall not try any suit of other proceeding to which he is a party or in which he is personally interested or any appeal against a decree or order passed by himself in another capacity. (2) When any such suit, proceeding or appeal as is referred to in sub-section (1) comes before any such officer he shall forthwith transmit the record of the case to the Court to which he is immediately sub-ordinate with a report of the circumstances attending the reference and the superior Court shall thereupon dispose of the case in accordance with the provisions of section 24 of the Code of Civil Procedure, 19081. For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District judge, and for the purposes of the Code of Civil Procedure, 1908 (Act V of 1908)[90], the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge. (1) Subject to such orders as may be made by the [State Government][91] the Chief Court shall prepare and publish in the [Official Gazette][92]; a list of days to be observed in each year as close holidays in the Chief Court and in the Civil Courts subordinate thereto. (2) A judicial act done by a Civil Court on a day specified in the list published under sub-section (1) shall not be invalid by reason only of its having been done on that day. When a mortgagee shall under or by virtue of a mortgage executed before the 13th of February, 1844, have obtained possession of any land comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring a suit to redeem the mortgage of such land, any subsequent acknowledgment of the title of right to redeem of the mortgagor, or of any person claiming through him, notwithstanding. Redemption suits not barred where term fixed for redemption had not expired before the 13th February, 1856. Nothing herein contained shall be taken to bar a suit for redemption in any case where, by the instrument of mortgage, a term was fixed within which the property comprised therein might be redeemed, and such term had not expired before the 13th day of February, 1856: Provided that if any term had expired before that day, the suit shall be barred, whatever may have been the date on which the instrument was executed. (1) The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the fourth to be amended to the extent and in the manner specified in the fourth column thereof. (2) The enactments mentioned in the Second Schedule are hereby amended, or, as the case may be, shall be deemed column thereof. [93] [(1) All original civil suits and execution or other proceedings instituted on the original side of the Chief Court in pursuance of the repealed section 7 and pending in the Chief Court immediately before the commencement of [the Oudh Courts (Amendment) Act, 1939][94], shall, upon the commencement of [95][the Oudh Courts (Amendment) Act, 1939] be transferred to the courts of the District Judges subordinate to the Chief Court, who would have the territorial jurisdiction to try or dispose of such suits or proceedings if the same were now instituted: Provided that if several courts of District Judges subordinate to the Chief Court would have the territorial jurisdiction to try and dispose of any such suit or proceeding if the same were now instituted, the Chief Court shall, after giving notice to, and hearing the parties who may appear on the date fixed, transfer the suit or proceeding to any one of such courts: Provided further that the Chief Court may, after giving notice to, and hearing the parties who may appear on the date fixed, for reasons to be recorded in writing, retain any such suit or proceeding on its own file, or transfer it to the court of any District Judge subordinate to it. Future execution applications. (2) ??All applications for execution of decrees and orders passed by the Chief Court in pursuance of the repealed section 7 shall in future be made-- (a) where an application for execution of such decree or order was at the commencement of [96][the Oudh Courts (Amendment) Act, 1939], transferred by the Chief Court under sub-section (1) to the Court of a District Judge, then to the Court of that District Judge; but if the said District Judge has transferred the said execution proceeding received by him at the commencement of [97] [the Oudh Courts (Amendment) Act, 1939], to the Court of a Civil Judge, then to the said Court of the Civil Judge; or (b) where no application for execution of such decree or order was, at the commencement of [98][the Oudh Courts (Amendment) Act, 1939], transferred by the Chief Court under sub-section (1) to the Court of a District Judge? (i) and if there is only one Court of District Judge now possessing the territorial jurisdiction to try and dispose of the suit or proceeding in which the decree or order was passed, if the said suit or proceeding were now instituted, then to the Court of that District Judge; or (ii) where there are more than one Court of District Judge possessing the territorial jurisdiction to try and dispose of the suit or proceeding in which the decree or order was passed, if the said suit or proceeding were now instituted, then to the Chief Court, and the Chief Court shall transfer the proceeding in accordance with the provisions of the first proviso to sub-section (1). Power of transfer to District Judges. (3) ??The District Judge to whom a suit or proceeding is transferred may either himself try and dispose of the same, or transfer it to the court of any Civil Judge subordinate to him and competent to try the same. Jurisdiction. (4) ??The District Judge or the Civil Judge, if such a suit or proceeding has been transferred by the District Judge to a Civil Judge (Act V of 1908), shall exercise the same jurisdiction in relation to suits and proceedings transferred to him as if the same had been instituted and continued in his Court, or as the case may be, as if the decree or order had been passed by him. Saving. (5) ??Nothing in this section shall affect the powers of the Chief Court or the District Judge under section 24 of the Code of Civil Procedure, 1908[99]]. SCHEDULE ENACTMENTS REPEALED [See section 49(2)] Year No. Short title Extent of repeal Part. I.-- Acts of the Governor General in Council 1879 XIII The Oudh Civil Courts Act, 1879. The whole. 1891 XVI The Oudh Courts Act, 1891. Ditto. 1897 XVI The Oudh Courts Act (1891), Amendment Act 1897. Ditto. 1914 IV The Decentralization Act 1914.[100] So much of it as relates to the Oudh Civil Courts Act, 1879. 1890 XX United Provinces Act Sections 39, 40, 41 and 42. Part II.-- United Provinces Acts 1912 II The Oudh Civil Courts (Amendment) Act, 1912. The whole. 1917 II The Oudh Courts (Amendment) Act, 1917. Ditto. [1] For S.O.R., see Gaz., 1924, Pt. VIII, p. 676; for R.S. Com., see ibid, Pt. VIII, pp. 851--871; for discussion, see L.C. Pro., d. Sep. 5, 1924, in Vol. XIX, pp. 55, 56, d. Dec. 20, 1924, in Vol. XX, p. 536, d. Jan. 31, 1925, in Vol. XXI, pp. 328--334, d. Feb. 25, March 5, 6 and 7, 1925, in Vol. XXII, pp. 2.5--28, 388--433, 436--489 and 494--512, respectively. [2] repealed by Act I of 1938. [3] repealed by Act I of 1938. [4] repealed by Act I of 1938. [5] For S.O.R., see Gaz., 1934, Pt. VIII, pp. 55, 56; for discussion, see L.C. Pro., d. June 20, 1934, in Vol. LXIII, pp. 554--556; for publication, see Gaz., 1934, Pt. VII, p. 51. [6] Not printed. [7] For S.O.R. see Gaz., 1939, Pt. VII(a) p. 64; for discussion, see L.A. Pro., d. April 18, and May 11, 1939, in Vol. XVII, p. 169 and Vol. XVIII, pp. 300--310, respectively, and L.C. Pro., d. May 18, 22 and 26, 1939, in Vol., V, pp. 39, 215--216 and 381--394, respectively; for publication, see Gaz., 1939, Pt. VII A, pp. 25--26. The Act came into force on Aug. 23, 1939, see not. no. 1782/VII--149, d. Aug. 23, 1939, in Gaz., 1939 Pt I. p. 577. [8] For S.O.R., see Gaz., 1939 Pt. VII(a), p. 149; for discussion, see L.C. Pro., d. Sept. 2, 1939, in Vol. VI, pp. 351--352 and L.A. Pro., d. Oct. 3, 1938, in Vol. XX, pp. 44, 47 & 50--51; for publication, see Gaz. 1939, Pt. VII/A, p. 47. [9] Ceased to have effect except for the purpose of construing, or giving effect to the provisions of the United Provinces High Courts (Amalgamation) Order, 1948, see. [10] The Act came into force on Nov. 2, 1925--see not. no F. 567/24, d. Sept. 24, 1925, in Gaz., 1925, Pt. I, p. 1199. [11] Substituted for (G.G. in C.) by the A.O. 1937. [12] Substituted for (G.G. in C.) by the A.O. 1937. [13] Substituted by ibid. [14] Section 5 re. temporary charge of Judges omit. by ibid. [15] S. 7 re. original Civil jurisdiction rep. by s. 2 of U.P. Act IX of 1939. [16] The words (except in the exercise of original Civil Jurisdiction) omit. by s. 3 of U.P. Act IX of 1939. [17] For rules of the Chief Court of Oudh, see not. no. 3840/XIV--96--21, d. Oct. 6, 1939 in Gaz., 1939, Pt. II, p. 947. [18] Substituted for the words (Except as otherwise provided by any enactment for the time being in force) by s. 3 of the U.P. Act XIV of 1934. [19] Substituted for the words (Except as otherwise provided by any enactment for the time being in force) by s. 3 of the U.P. Act XIV of 1934. [20] U.C.A., Vol. V, p. 1. [21] Substituted for the words (Except as otherwise provided by s. 98 of the Code of Civil Procedure, 1908, or any other enactment for the time being inforce) by s. 4 of the U.P. Apt XIV of 1934. [22] U.C.A., Vol. IV, p. 9. [23] U.C.A., Vol. V, p. 1. [24] Substituted for the words (in the exercise of) by s. 4 of the U.P. Act IX of 1939. [25] The words (ordinary or extraordinary omit. by ibid. [26] Substituted for the words (The Chief Court may appoint) by the A.O. 1937. [27] Substituted section (2) Omitted by ibid. [28] Substituted section (4) Omitted by ibid. [29] Substituted by the A.O. 1950 for (Provl. Govt.) which had been subs, by the A.O. 1937 for (L.G.). [30] Substituted for (G.G. in C.) by the A.O. 1937. [31] Substituted by the A.O. 1950 for (Provl. Govt.) which had been subs, by the A.O. 1937 for (L.G.). [32] Substituted by the A.O. 1950 for (Provl. Govt.) which had been subs, by the A.O. 1937 for (L.G.). [33] (a) For rules re admission of petition writers, etc. see not. no. 2909/XIV--136, d. Aug. 3, 1940, in Gaz. 1440, Pt. II, pp. 555--556. (b) For Oudh Civil Rules, see nots. no 373/XIV--92-21, d. Feb. 18, 1928, in Supplement to Gaz., d. Feb. 25, 1928, Pt. II, nos. 2823/XIV--49 and 2824/XIV-285, d. Sept. 24, 1934, in Gaz., 1934, Pt. II, p. 699, no. 2037/XIV--154, d. June 4, 1937, in Gaz., 1937, Pt. II, p. 8127, no. 1561/XIV--36, d. April 21, 1939, nos. 3841/XIV--164-21, and 3842/XIV 211-21, d. Oct. 6, 1939, nos. 3865/XIV--549 and 3866/XIV--97, d. Oct. 9, 1939, nos. 3996/XIV--36 and 3997/XIV--525, d. Oct. 18, 1939 and no. 4030/XIV--116, d. Oct. 25, 1939, in Gaz., 1939, Pt. II, pt. 567, 947, 948, 949, 973 and 974 respectively. (c) For rules of the Chief Court of Oudh, see not no 3635/XIV--477, d. Sept. 21, 1939, nos. 3837/XIV--549 and 3840/XIV--96-21, d. Oct. 6, 1939, no. 3867/XIV--97, d. Oct. 9, 1939 and no. 4031/XIV--477, d. Oct. 25, 1939, in Gaz., 1939, Pt. II, pp. 903, 947, 949 and 974, respectively. [34] U.C.A., Vol. III, p. 278. [35] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [36] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.) [37] Substituted for (Gazette) by the A.O. 1937. [38] For nots. under this sub-sec. consult S.R.O. [39] Substituted for (Subordinate) by Sec. 3 of the U.P. Act IV 1936. [40] Substituted for (Subordinate) by Sec. 3 of the U.P. Act IV 1936. [41] Substituted for (Subordinate) by Sec. 3 of the U.P. Act IV 1936. [42] Substituted for (Subordinate) by Sec. 3 of the U.P. Act IV 1936. [43] Substituted by the A.O. 1950 for (Prov. Govt.) which had been subs by the A.O. 1937 for (L.G.). [44] Section 23 re district judges omit. by A.O. 1937. [45] Substituted by the A.O. 1950 for (Prov. Govt.) which had been subs by the A.O. 1937 for (L.G.). [46] Substituted for the words (upon the recommendation of) by ibid. [47] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [48] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [49] Sections. 26 and 27 re Civil Judges and Munsifs omit. by the A.O. 1937. [50] Sections. 26 and 27 re Civil Judges and Munsifs omit. by the A.O. 1937. [51] The words (subject to the provisions of S. 7 omit by 55 of the U.P. Act IX of 1939. [52] U.C.A., Vol. V., p. 1. [53] Substituted for (Court) by s. 6 of the U.P. Act IX of 1939. [54] ?Inserted by ibid. [55] Cl. (b) omit. by ibid. [56] Renumbered by ibid. [57] Substituted for Gazette by the A.O. 1937. [58] Cl. (a) of the Proviso and the letter (b) omit. by s. 6 of the U.P. Act IX of 1939. [59] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [60] Substituted for (Subordinate) by S. 3 of the U.P. Act IV of 1936. [61] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [62] Substituted for (Subordinate) by S. 3 of the U.P. Act IV of 1936. [63] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [64] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [65] For orders of Chief Court, see not. no. 308/XIV--120-21, d. Feb. 1, 1629, in Ca, 1926, Pt. II, p. 144. [66] For orders of Chief Court, see not. no. 308/XIV--120-21, d. Feb. 1, 1629, in Ca, 1926, Pt. II, p. 144. [67] repealed see now Indian Succession Act, 1925 (Act XXXIX of 1925), in U.C.A. Vol. VIII, p. 179. [68] repealed see not above. [69] Cl. (6) rep. by s. 5 of the Guardians and Wards (Amendment) Act, 1926 (Act IV of 1926). [70] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [71] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [72] Substituted for (Gazette) by the A.O. 1937. [73] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [74] U.C.A., Vol. III, p. 278. [75] Substituted for (Subordinate) by s. 3 of the U.P. Act IV of 1936. [76] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [77] for nots. under this sub-s., consult S.R.O. [78] Section 27 omit. by the A.O. 1937. [79] Sections 36, 35 and 37, relating to appointment of ministerial officers, powers to fine them and their transfer and dismissal, etc., omit. by ibid. [80] Sections 36, 35 and 37, relating to appointment of ministerial officers, powers to fine them and their transfer and dismissal, etc., omit. by ibid. [81] Sections 36, 35 and 37, relating to appointment of ministerial officers, powers to fine them and their transfer and dismissal, etc., omit. by ibid. [82] Substituted for (Subordinate) by S. 3 of the U.P. Act IV of 1936. [83] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [84] For nots. under this sub-s., consult S.R.O. [85] Substituted for (Gazette) by A.O. 1937. [86] Substituted for (Subordinate) by s. 3 of U.P. Act IV of 1936. [87] Substituted for (Subordinate) by S. 3 of U.P. Act IV of 1936. [88] Substituted for (Subordinate) by S. 3 of U.P. Act IV of 1936. [89] Section 44 re. suspension of Civil Judge or Munsif by Chief Court omit. by the A.O. 1937 [90] U.C.A. Vol. V, p. 1. [91] Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). [92] Substituted for (Gazette) by the A.O. 1937. [93] Add. by s. 7 of the U.P. Act IX of 1939. [94] Substituted (for this Act) by s. 2 of the U.P. Act XIV of 1939. [95] Substituted (for this Act) by s. 2 of the U.P. Act XIV of 1939. [96] Substituted (for this Act) by s. 2 of the U.P. Act XIV of 1939. [97] Substituted (for this Act) by s. 2 of the U.P. Act XIV of 1939. [98] Substituted (for this Act) by s. 2 of the U.P. Act XIV of 1939. [99] U.C.A., Vol. V, p. 1. [100] repealed by Act I of 1938.
Preamble - OUDH COURTS ACT, 1925PREAMBLE
Chapter I - PRELIMINARY
Chapter II - THE CHIEF COURT
Chapter III - SUBORDINATE CIVIL COURTS
Chapter IV - APPELLATE JURISDICTION IN CIVIL CASES
Chapter V - CONTINUATION OF PROCEEDINGS
Section 43 - Execution of decrees and orders of Judicial Commissioner's Court
Chapter VI - CONTINUATION OF PROCEEDINGS
Print Judgement
