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THE CHHATTISGARH CIVIL COURTS ACT, 1958
THE CHHATTISGARH CIVIL COURTS ACT, 1958
PREAMBLE
An Act to consolidate and amend the law relating to Civil Courts in Chhattisgarh
BE IT enacted by the Chhattisgarh Legislature in the Ninth Year of the Republic of India as follows:--
Section 1 - Short title, extent and commencement
(1) The Act may be called The Chhattisgarh Civil Courts Act, 1958.
(2) It extends to the whole of Chhattisgarh
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf.
Section 2 - Definition
In this Act, unless the context otherwise requires, --
(a) "Cadre or Higher Judicial Service" means the cadre of District Judges and shall include the District Judge, and Additional District Judge;
(b) Cadre of Lower Judicial Service" means the cadre of Civil Judges consisting of Civil Judge Class I and Civil Judge Class II;
(c)...........omitted.
(d) "Value" with reference to a suit or original proceedings means the amount or value of the subject matter of such suit or original proceedings.
Section 3 - Classes of Civil Courts
1. In addition to the Courts established under any other law for the time being in force, there shall be the following classes of Courts, namely:--
(1) the Court of the District Judge;
(2).........omitted;
(3) the Court of the Civil judge (Class II), and
(4) the Court of the Civil judge (Class I),
2. An Additional Judge to the Court of Civil Judge may be appointed from the cadre of Lower Judicial Service.
3. Every Court of the District Judge shall be presided over by a District Judge to be appointed by the High Court may also appoint Additional District Judge from the Cadre of Higher Judicial Service to exercise jurisdiction in the Court of the District Judge.
4. The Court of the District Judge shall include the Court of Additional Judge and the Court of Civil Judge Class I or Class II shall include the Court of Additional Civil Judge to that Court.
Section 4 - Civil Districts
(1) For the purpose of this Act, a revenue district notified by the State Government shall also be the civil district:
Provided that the State Government may, on the recommendation of the High Court, alter the limits or number of such civil districts or create new civil districts.
(2) Upon the alteration of the limits or the number of civil districts or creation of new civil districts under sub-section (1), the High Court shall make such consequential orders, as it may deem fit in respect of the transfer of suits, appeals and proceedings from the Courts of existing districts to other Courts acquiring territorial jurisdiction as a result of such alteration or creation, as also for any other matter ancillary thereto.
Section 5 - Establishment of Civil Courts
The State Government shall establish--
(a) the Court of the District Judge for each Civil District; and
(b) so many Court of Additional District Judges, Civil Judges (Class I) and Civil Judges (Class II), for each civil district, as it may think fit.
Section 6 - Original Jurisdiction of Civil Courts
(1) Subject to the provisions of any law for the time being in force:--
(a) the Court of the Civil Judge (Class II) shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 25,000.
(b) the Court of the Civil Judge (Class I) shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 50.000.
(c) the Court of the District Judge shall have jurisdiction to hear and determine any suit or original proceeding without restriction as regards value.
(2) The local limits of the jurisdiction of the Courts specified in clauses (a) and (b) of sub-section (1) shall be such as the State Government may, by notification, define.
(3) Nothing in clauses (a), (b) and (c) of sub-section (1) shall affect any suit or original proceedings instituted before 26th January, 1979.
Section 7 - Principal Civil Courts of Original jurisdictions
(1) The Court of the District Judge shall be the Principal Civil Court of original jurisdiction in the civil district
(2) An Additional District Judge shall discharge any of the functions of a District Judge, including the functions of Principal Civil Court of original jurisdiction which the District Judge may, by general or special order, assign to him and in the discharge of such functions he shall exercise the same powers as the District Judge."
Section 8 - Appointment of Additional Judge
(1) An additional Judge or Judges to the Court of District Judge, Additional District Judge, Civil Judge Class I or Civil Judge Class II may, whenever it appears necessary or expedient, be appointed to the Court of District Judge or Additional District Judge or Civil Judge Class 1 or Civil Judge Class II, as the case may be, and such Additional Judge shall exercise the jurisdiction of the Court to which he is appointed and the powers of the Judge thereof, subject to any general or special orders of the authority by which he is appointed as to the Class or Value of the suit which he may try, hear or determine.
(2) An officer may be appointed an Additional Judge of one or more Courts and an Officer who is a Judge of one Court may be appointed an Additional Judge of another Court or of other Courts."
Section 9 - Section 9
(1) The High Court may, by a notification, invest any civil Court with the powers of a Court of Small Causes under the law for the time being in force in any area relating to the Court of Small Causes, Such power shall be exercisable in cases arising within the limits of the Court's jurisdiction or in any specified area within such limits.
(2) The value of suits of small cause nature shall not exceed one thousand rupees in the case of the Court of a District Judge five hundred rupees in the case of The Court of a Civil Judge (Class I) and two hundred rupees in the case of the Court of a Civil Judge (Class II).
Section 10 - Exercise of jurisdiction of District Court by Civil Judges in certain proceedings
The High Court may, be general or special order, authorise any Civil Judge (Class I) to take cognizance of and any District Judge to transfer to a Civil Judge (Class I) under his control, any proceeding or any class or proceedings, specified in such order, arising under.--
(a) Parts I to VIII of the Indian Succession Act, 1925 (Act No. XXXIX of 1925); or
(b) Part IX of the Indian Succession Act, 1925 (Act No. XXXIX of 1925) which can not be disposed of by District Delegates; or
(c) The Guardians and Wards Act, 1890 (Act No. VIII of 1890); or
(d) The Provincial Insolvency Act, 1920 (Act No. V of 1920).
(2) Notwithstanding anything contained in section 388 of the Indian Succession Act, 1925 (Act No. XXXIX of 1925) the High Court may, by general or special order, invest any Judge inferior in grade to the District Judge with power to exercise the functions of a District Judge under Part X of that Act.
(3) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a Civil Judge (Class I) under his control, and may either dispose it of himself or transfer it to any other competent Court.
(4) Proceedings taken cognizance of by, or transferred to a Civil Judge (Class I) under this section shall be disposed of by him in accordance with the law and rules applicable to like proceedings in the Court of the District Judge.
Section 11 - Jurisdiction under the Indian Divorce Act
The Court of the District Judge shall have jurisdiction to hear and determine any original proceeding under the Indian Divorce Act 1869 (Act No. IV of 1869) and shall be deemed to be the District Court under that Act for the Civil District.
Section 12 - Place of sitting of Civil Courts
(1) Every Court shall be held at such place or places as the High Court may by notification direct or, in the absence of any such direction, at any place within the local limits of jurisdiction of the Court.
(2) Every Additional Judge to a Court established under this Act shall sit at such place or places within the local limits of the jurisdiction of the Court to which he is an Additional Judge, as the High Court may direct.
(3) The District Judge and other Judges of the district, may with the previous sanction of the High Court and after due notice to the parties, sit temporarily for taking up particular case or class of cases at any other place within the district.
Section 13 - Appellate Jurisdiction
(1) Save as otherwise provided by any law for the time being in force, appeals from decrees or orders of Courts exercising original Jurisdiction shall lie as follows:-
(a) from a decree or order of the Court of the Civil Judge (Class I) or of the Civil Judge (Class II) to the Court of the District Judge;
(b) from a decree or order of the Court of the District Judge to the High Court.]
Explanation.- The Court of the Civil Judge or the Court of the District Judge shall include an Additional Judge to that Court.
(2) Notwithstanding the fact that a suit or proceeding was instituted or commenced period to 26th January 1979, and appeal against any decree or order passed in such suit or proceeding shall lie as provided in sub-section (1)
(3) Nothing in this section shall apply to any appeal instituted before 26th January, 1979.
Section 14 - Superintendence and control over civil Courts and the Judges in the district
Subject to the general superintendence and control of the High Court, the District Judge shall superintend and control all other civil Courts established including all Additional Judges appointed to such Courts under this Act in the local area within his jurisdiction, and in the discharge of such functions it shall be his duty to--
(a) inspect or cause to be inspected the proceedings of the Courts, judges and offices under his control;
(b) give administrative directions with respect to any matters as he may think fit; and
(c) call for such reports and returns from the subordinate Courts and Judges in the district as may be prescribed by the High Court or as he may require for administrative purposes.
Section 15 - Power to distribute business
(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), or the law relating to Courts of Small Causes, for the time being in force, or in any other provisions contained in this Act, the District Judge may, by order in writing, direct that any civil business cognizable by his Court or by other civil Courts established under section 5, in his civil district, shall be distributed amongst himself and Additional Judges, if any, of his Court, as also amongst other Courts under his control and amongst Additional Judges of such other 'interse' in such manner, as he deems fit:
Provided that, except in so far as it may effect the exclusive jurisdiction of a Court of Small Causes, or of a Court invested with jurisdiction of a Court of Small Causes, a direction given under this section shall not empower any Court to exercise powers or deal with business beyond the limits of its pecuniary and notified territorial jurisdiction.
(2) Any judicial act in any suit, appeal or proceeding, instituted in a Court of competent jurisdiction, shall not be invalid only by reason of the fact that such institution was not in accordance with the order of distribution of business referred to in sub-section (1).
(3) Whenever it appears to any Court, as is referred to in sub-section (2) that institution of suit, appeal or proceeding, pending before it, was not in conformity with the order of distribution of business made under sub-section (1), it shall submit the record of such suit, appeal or proceeding, as the case may be, to the District Judge for appropriate orders, and the District Judge in relation thereto may pass orders either transferring the concerned record to proper court as per order of distribution of business or otherwise to any other Court of competent jurisdiction.
(4) In distribution of civil business under sub-section (1) the District Judge shall be guided by such principles as the High Court may, by rules, prescribe.
Section 16 - Judges not to try cases in which they are personally interested
(1) No Judge of a Court under this Act shall hear or determine any suit, appeal or other proceeding to which he is a party or in which he is directly or indirectly interested.
(2) If any such suit, appeal or other proceeding comes before any civil Court in the district or before an Additional Judge to such Court, the Judge shall refer the case along with the record thereof and his report regarding the attending circumstances to the District Judge, who may either dispose of such case himself or subject to the limits of pecuniary jurisdiction, make it over or transfer it to another Court or Additional Judge to any of the Courts in the district, as the case may be, for disposal.
(3) If any such suit, appeal or other proceeding comes before the District Judge himself, he may either make over such case to any Additional Judge of his Court, or transmit the record along with his comments on the attending circumstances to the High Court for appropriate orders.
