PUNJAB COURTS ACT, 1918

PUNJAB COURTS ACT, 1918

Preamble - THE PUNJAB COURTS ACT, 1918

THE PUNJAB COURTS ACT, 1918

PREAMBLE

An Act to validate all things done under the Punjab Courts Act, 1914, as amended by Punjab Act 4 of 1914, to repeal the said Acts or so much of them as may be valid and to enact a law relating to Courts in the Punjab; which is free from the defect described in the preamble.

Whereas it appears that the Punjab Courts Act, 1914 as assented to by the Lieutenant-Governor on the 15th January, 1914, and by the Governor-General on 27th April, 1914, and as published in the Punjab Gazette on 22nd May, 1914, included a clause, namely, clause (b) of sub-section (1) of Section 39 which had not been passed by the Legislative Council of the Lieutenant-Governor, and whereas doubts have arisen as to the validity of things done under the said Act, and the amending Act, Punjab Act IV of 1914:

And whereas it is expedient to validate all things done under the said Acts, to repeal the said Acts or so much of them as may be valid, and to enact a law relating to Courts in the Punjab, which is free from the defect above described, it is hereby enacted as follows:

Section 1 - Short title and extent

(1)     This Act may be called the [1][[2]][Punjab Courts Act, 1918].

(2)     It extends to the Union Territory of Delhi.

Section 2 - Definitions

In this Act--

the expression "the Punjab Courts Act, 1914," means what was published as the Punjab Courts Act, 1914, in Part V of the Punjab Gazette dated 22nd May, 1914; and the expression "the Punjab Act IV of 1914," means what was published as Punjab Act IV of 1914, in Part V of the Punjab Gazette dated 20th November, 1914.

Section 3 - Enactment of provisions relating to courts in the Punjab

(1)     Enactment of provisions relating to courts in the Punjab?

(a)      the provisions contained in Part II of this Act are hereby enacted, and shall be deemed to have had effect on and from the first day of August 1914.

(b)      The Punjab Courts Act, 1914, and Punjab Act IV of 1914, or so much of them as may be valid, are repealed on and from the first day of August, 1914.

(2)     Validation of acts done--All things done under the Punjab Courts Act, 1914, as amended by Punjab Act, IV of 1914, shall be deemed to be in every way as valid as if the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full force and effect on and from the first day of August, 1914:

Provided firstly, that any appeal which may have been decided by the Chief Court in the exercise of jurisdiction purporting to be exercised under Section 39(1)(b) of the Punjab Courts Act, 1914, shall be deemed to have been validly decided, and shall not be called in question by reason of anything contained in this Act;

And, secondly that any appeal which before the commencement of this Act has been presented to the Chief Court under Section 39(1)(b) of the Punjab Courts Act, 1914, and which should not have been so presented if the said sub-section had run as set out in Section 39 of Part II of this Act shall if it has not been decided be transferred by the said Court for disposal to the District Court having jurisdiction;

And thirdly, that any appeal which would have laid to the Chief Court under Section 39(1)(b) of the Punjab Courts Act, 1914 but which lies to the District Court under the provisions of this Act and when if presented to the Chief Court at the commencement of this Act would be within time, shall be deemed to be presented within time if presented to the District Court within sixty days from the commencement of this Act.

Section 1 - Section 1

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Section 2 - Repeal

The enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

Section 3 - Definitions

In this Part, unless there is something repugnant in the subject or context--

(1)     "Small cause" means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 [IX of 1887];

(2)     "Land Suit" means a suit relating to land as defined in Section 4(1) of the Punjab Tenancy Act, 1887 [XVI of 1887], or to any right or interest in such land;

(3)     "Unclassed suit" means a suit which is neither a small cause nor a land suit; and

(4)     "Value" used with reference to a suit means the amount or value of the subject-matter of the suit.

Section 4 to 17 - [Repealed by Section 2(1) of Punjab Act IV of 1919]

[Repealed by Section 2(1) of Punjab Act IV of 1919]

Section 18 - Classes of Courts

Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely:

(1)     [3]The Court of the District Judge;

(2)     [4] [Omitted]

(3)     The Court of the Subordinate Judge;

Section 19 - Civil districts

(1)     For the purpose of this Part the Chief Commissioner shall divide the territories under its administration into civil districts.

(2)     The Chief Commissioner may alter the limits or the number of these districts.

Section 20 - District Judges

The [5] [Central Government] shall appoint as many person as it thinks necessary to be District Judges, and shall post one such person to each district as District Judge of that district:

Provided that the same person may, if the [6] [Central Government] thinks fit, be appointed to be District Judge of two or more districts.

Section 21 - Additional District Judges

[7] (1) The State Government in consultation with the High Court, may also appoint Additional District Judge to exercise jurisdiction in one or more Courts of the District Judges.

(2)? ?Additional District Judges shall have jurisdiction to deal with and dispose of such cases only as the High Court, by general or special order, may direct them to deal with and dispose of or as the District Judge of the District may make over to them for being dealt with and disposed of:

Provided that the case pending with the Additional District Judges immediately before the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi, shall be deemed to be cases so directed to be dealt with or disposed of by the High Court or so made over to them by the District Judge of the District as the case may be.

[Note: See Notification No. 381 dated 21.7.2003 at the end of this Act.]

(3) ??While dealing with and disposing of the cases referred in sub-section (2) an Additional District Judge shall be deemed to be the Court of the District Judge.

Section 22 - Subordinate Judges

(1)     The Chief Commissioner may after consultation with the High Court fix the number of Subordinate Judges to be appointed.

(2)     * * *

Section 23 - Section 23

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Section 24 - District Court to be principal Civil Court of original jurisdiction

The Court of the District Judges shall be deemed to be the District Court or principal Civil Court of original jurisdiction in the district.

Section 25 - Original jurisdiction of District Judge in suits

Except as otherwise provided by any enactment for the time being in force, the court of the District Judge shall have jurisdiction [8] [in every original civil suit the value of which does not exceed [9] [rupees twenty lakhs.]

Section 26 - Pecuniary limits of jurisdiction of subordinate Judges

[10] [Subject to the limit specified in Section 25 the jurisdiction] to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge, shall be determined by the High Court either by including him in a class or otherwise as it thinks fit.

[Note: See Notification No. 382 dated 21.7.2003 at the end of this Act].

Section 27 - Local limits of jurisdiction

(1)     The local limits of the jurisdiction of a Subordinate Judge shall be such as the High Court may define.

(2)     When the High Court posts a Subordinate Judge to district, the local limits of the district shall, in the absence of any direction to the contrary, be deemed to be the limits of his jurisdiction.

Section 28 - Special Judges and benches

(1)     the Chief Commissioner may after consultation with the High Court appoint any person to be as Honorary Subordinate Judge, and the High Court may confer on such Judge all or any of the powers conferable under this Act on a Subordinate Judge with respect to particular classes of suits or with respect to suits generally in any local area.

(2)     The Chief Commissioner may direct any uneven number of persons invested with powers of the same description and exercisable within the same local area under this section to sit together as a bench, and those powers shall, while the direction relations 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 branches constituted under this section shall be deemed, for the purposes of this Part, to be Subordinate Judges.

Section 29 - Power to invest subordinate Judge with Small Cause Court Jurisdiction

The High Court may, by notification in the Official Gazette, confer, within such local limits as it thinks fit upon any Subordinate Judge, the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 [IX of 1887], for the trial of suits cognizable by such Courts, up to such value not exceeding [11] [Two thousand rupees] as it thinks fit, and may withdraw any jurisdiction so conferred.

Section 30 - Exercise by Subordinate Judge of jurisdiction of District Court in certain proceedings

(1)     The High Court may by general or special order authorise any Subordinate Judge to take cognizance of, or any District Judge to transfer to a Subordinate Judge under his control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in such order.

(2)     The proceedings referred to in sub-section (1) are the following, namely:

(a)      Proceedings under the [Indian Succession Act, 1865 (X of 1865) and the Probate and Administration Act, 1881 (V of 1881) which cannot be disposed of by District Judge.

(b)      [Repealed by the Guardian and Wards Amendment Act, 1926, (IV of 1926), Section 7.]

(3)     The District Judge may withdraw any such proceedings taken cognizance of by or transferred to a Subordinate 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 or transferred to a Subordinate Judge as the case may be under this section shall be disposed of by him, subject to the rules applicable to like proceedings when disposed of by the district Judge.

Section 31 - Place of sitting of Court

(1)     the High Court may fix the place or places at which any Court under this Part is to be held.

(2)     The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.

(3)     Except as may be otherwise provided by any order under this section, a Court under this Part may be held at any place within the local limits of its jurisdiction.

Section 32 - [Repealed by A.O. (1937)]

[Repealed by A.O. (1937)]

Section 33 - Control of Courts

Subject to the general superintendence and control of the High Court, the District Judge shall have control over all the Civil Courts under this Part within the local limits of his jurisdiction.

Section 34 - Power to distribute business

Notwithstanding anything contained in the Code of Civil Procedure, every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit:

Provided that no direction issued under this section shall empower any Court to exercise any powers of ideal with any business beyond the limits of its jurisdiction.

Section 35 - [Repealed by A.O. (1937)]

[Repealed by A.O. (1937)]

Section 36 - Power to fine ministerial officers

(1)     A District Court or any Court under the control of District Court may fine, in an amount not exceeding one month's salary, any ministerial office of the Court for misconduct or neglect in the performance of his duties.

(2)     The District Court may, on appeal or otherwise, reverse or modify any order made under subsection (1) by any Court under its control, and may of its own motion fine up to the amount of one month's salary any ministerial officer of any Court under its control.

Section 37 - Delegation of powers to District Judge

District Court may, with the previous sanction of the High Court delegate to any subordinate Judge in the district the power conferred on a District Court by Section 53 and 54, of this Part and Section 24 of the Code of Civil Procedure (V of 1908), to be exercised by the Subordinate Judge in any specified portion of the districts, subject to the control of the District Court.

Section 38 - Appeals from District Judges or Additional Judges

(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 [12] [Additional District Judge] exercising original jurisdiction shall lie to the High Court.

(2)     An appeal shall not lie to the High Court from a decree or order of an [13] [Additional District 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.

Section 39 - Appeals from Subordinate Judges

(1)     Save as aforesaid, as appeal from a decree or order of a Subordinate Judge shall lie:

[14] [(a) ?to the District Judge--

(i)       Where the decree or order was made before the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order was made did not exceed five thousand rupees, or

(ii)      Where the decree or order is made after the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees, [15] [or]

[16] [(iii) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 1991 and the value of the original suit in which the decree or order is made does not exceed rupees one lakh; [17] [or]

[18] [(iv) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 2003 and the value of the original suit, in which the decree or order is made does not exceed rupees three lakh; and]

(b) ??to the High Court in any other case.

[19] [(2) subject to the provisions of sub-section 2A, an appeal to the Court or the District Judge shall be heard by the District Judge or by an Additional District Judge.

(2A) ?An Additional District Judge shall hear only such appeals as the High Court, by general or special order may direct or as the District Judge of the District may make over to him.]

(3)?? ?The High Court may by notification direct that appeals lying to the district Court from all or any of the decrees or orders passed in an original suit by any Subordinate Judge shall be preferred to such other Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly and the Court of such other Subordinate Judge shall be deemed to be a District Court for the purpose of all appeals so preferred.

Section 40 - Power to transfer to a Subordinate Judge appeals from other Subordinate Judges

(1)     A District Judge may transfer any appeals pending before him from the decrees or order of Subordinate Judges to any other Subordinate Judge under his administrative control competent to dispose of them.

(2)     The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.

(3)     Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge.

(4)     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 High Court.

Section 41 - Second appeals

(1)     An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on any of the following grounds, namely :

(a)      the decision being contrary to law or to some custom or usage having the force of law :

(b)      the decision having failed to determine some material issue of law or custom or usage having the force of law :

(c)      a substantial error or defect in the procedure provided by the Code of Civil Procedure 1908 [V of 1908], or by any other law for the time being in force which may possibly have produced error or defect in the decision of the case upon the merits;

[20] [Explanation--A question relating to the existence or validity of a custom or usage shall be deemed to be a question of law within the meaning of his section:]

(2)     An appeal may lie under this section from an appellate decree passed ex parte.

(3)     ?[Repealed by Section 2B of Punjab Act 6 of 1941].

Section 42 - Second appeal on no other ground

(1)     No second appeal shall lie except on the grounds mentioned in Section 41].

(2)     No second appeal shall lie in any suit of the nature cognizable by Courts of small Causes when the amount or value of the subject matter of the original suit does not exceed five hundred rupees.

Section 43 - [Repealed by Section 2(4) of Punjab Act IV of 1919]

[Repealed by Section 2(4) of Punjab Act IV of 1919].

Section 44 - Revision

The High Court may call for the record of any case which has been decided by any Court subordinate to it and in which on the appeal lies thereto, and if such subordinate Court appears :

(a)      to have exercised a jurisdiction not vested in it by law; or

(b)      to have failed to exercise a jurisdiction so vested; or

(c)      to have acted in the exercise of its jurisdiction illegally or with material irregularity; The High Court may make such order in the case as it thinks fit.

Section 44-A - Period of Limitation

(1)     The period of limitation for an appeal under Section 41 of this Part shall be ninety days from the date of the decree appealed against.

(2)     In computing this period and in all respect not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the Indian Limitation Act, 1908.

Section 45 - Mode of conferring powers

Except as otherwise provided by this part, any powers that may be conferred by the High Court on any person under this part may be conferred on such person either by name or by virtue of office.

Section 46 - Continuance of powers of officers

Whenever any person holding an office in the service of Government who has been invested with any powers under this Part throughout any local area is transferred or posted at any subsequent time to an equal or higher office of the same nature within a like local area, he shall unless the High Court, otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

Section 46-A - Provisions regarding petition writer

The High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force:

(a)      declaring what persons shall be permitted to act as petition-writers in the Courts subordinate thereto;

(b)      regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and

(c)      determining the authority by which branches of such rules shall be investigated and the penalties which may be imposed.

Section 47 - Control of list of holidays

(1)     Subject to such general orders as may be made by the Chief Commissioner, the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts subordinate thereto.

(2)     Every such list shall be published in the Official Gazette.

Section 47-A - Provision regarding pending proceedings

All suits, appeals, revisions, applications, reviews, executions, and other proceedings whatsoever whether Civil or Criminal pending in the Chief Court of the Punjab shall be continued and concluded in the High Court of Judicature at Lahore as if the same had been had in such High Court; and the High Court of Judicature at Lahore shall have the same jurisdiction in relation to all such suits, appeals, revisions, reviews executions, applications and other proceedings as if the same had been commenced and continued in such High Court.

Section 48 - [Repealed by Section 2(4) of Punjab Act IV of 1919.]

[Repealed by Section 2(4) of Punjab Act IV of 1919.]

Section 49 - Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian Fees Act

(a)      In Section 117(2) of the Punjab Land Revenue Act, 1887, in clause (c) "Subordinate Judge" shall be substituted for "District Judge" and in clause (d) and (e) "District Court" shall be substituted for "Divisional Court".

(b)      In Section 99(1) of the Punjab Tenancy Act, 1887, "District Judge" shall be substituted for "Divisional Judge."

(c)      In Section 7(v)(b) of the Indian Court-fees, Act, 1870, for the word "five" shall be substituted the word "ten".

Section 50 - Amendment of definition of District Judge in Punjab General Clauses Act, 1893

For the definition of "District Judge" in Section 2(15) of the Punjab General Clauses Act, 1898 the following shall be substituted.

"District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary or extra-ordinary original civil jurisdiction.

Section 51 - Reference in existing enactments to Chief Courts

In every enactment now in force, and in every appointment, order, rule, bye-law, notification or form made or issued thereunder all references or the Chief Court of the Punjab shall be construed when necessary as referring to the High Court of Judicature at Lahore [21] [until, the fifteenth day of August, 1947], [22] from that date before the commencement of the Constitution as referring to the High Court of Punjab].