There shall be in each district so many Civil Courts subordinate to the District Court as the State Government shall from time to time direct:
1 [Provided that for special reasons it shall be lawful for the 1 [State Government] at any time to close temporarily any such subordinate Court.]
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1. Proviso inserted by the Bombay Civil Courts (Amdt.) Act, 1900 (Bom. Act 1 of 1900). Section 3.
Section 22 - Appointment of Civil Judges
The Judges of such subordinate Courts shall be appointed by the State Government and shall be called1[Civil Judges].2[* * * *].2[* * * *].
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1. Sub stituted for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3 read with Bom. Act 48 of 1947. Section 3.
2. Para speaking of qualifications of persons to be appointed as subordinate Judges, omitted by A.L. (Indian Laws) O., 1937 .
Section 22A - Power to fix local limits of jurisdiction of Civil Judges
1 [22A. Power to fix local limits of jurisdiction ofCivil Judges
TheState Government may, by notification in the Official Gazette, fix, and, by alike notification, from time to time, alter the local limits of the ordinaryjurisdiction of the Civil Judges.]
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1.Inserted by Bom.Act 4of 1880,Section 2.
Section 23 - Situation of Subordinate Courts
The 1 [Civil Judges] shall hold their Courts at such place or places as the State Government may from time to time appoint within the local limits of their respective jurisdictions:
2 [Provided that for special reasons it shall be lawful for the State Government to order that a 1 [Civil Judge] shall hold his Court at a place outside the local limits of his jurisdiction.]
Wherever more than one such place is appointed, the District Judge shall, subject to the control of the High Court, fix the days on which the 1 [Civil Judge] shall hold his Court at each of such places, and the 1 [Civil Judge] shall cause such days to be duly notified throughout the local limits of his jurisdiction. 1 [Civil Judge] shall cause such days to be duly notified throughout the local limits of his jurisdiction.
The same person may be the Judge of more than one subordinate Court 3 [and may dispose of the Civil business of any one of his Courts at the headquarters of any other of his Court;] and in such cases the, District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which the 1 [Civil Judge] shall sit in each Court.
Appointment of Joint 1 [Civil Judges].
4 [For the purpose of assisting the Judge of any subordinate Court in the disposal of the civil business on his file, the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the State one or more Joint 1 [Civil Judges] or the District Judge may, with the previous sanction of the High Court, depute to such Court the Judges of another subordinate Court within the district. A 1 [Civil Judge] thus appointed or deputed to assist in the Court of another 1 [Civil Judge] shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by the Judge of such Court. He may also dispose of the civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf. 1 [Civil Judge] shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by the Judge of such Court. He may also dispose of the civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf.
Provisions applicable to Joint Civil Judges.
For the purposes of this section the provisions of the Act applicable to 1 [Civil Judges] shall be, and shall be deemed always to have been applicable to Joint 1 [Civil Judges]; Provided that no such Joint 1 [Civil Judge] shall hear and determine any suit instituted under section 4 of the Dekkhan Agriculturists' Relief Act, 1879, unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.] 1 [Civil Judge] shall hear and determine any suit instituted under section 4 of the Dekkhan Agriculturists' Relief Act, 1879, unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.]
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1. Substituted for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3 read with Bom. Act 48 of 1947. Section 3.
2. Proviso added by Bom. Act 1 of 1900, Section 4.
3. Inserted by Bom. Act 7 of 1930, Section 2.
4. Last two paragraphs substituted for original para by Bom. Act 1 of 1900, Section 4.
Section 24 - Classes of Civil Judges
The1[Civil Judges] shall be of two classes. Jurisdiction of1[Civil Judge (Senior Division)].1[Civil Judge (Senior Division)].
The jurisdiction of a1[Civil Judge (Senior Division)] extends to all original suits and proceedings of a civil nature.
Jurisdiction of1[Civil Judge (Junior Division)].
The jurisdiction of a1[Civil Judge (Junior Division)] extends to all original suits and proceedings of a civil nature wherein the subject-matter does not exceed in amount or value 2[twenty-five thousand rupees]:2[twenty-five thousand rupees]:
3[Provided that the State Government may increase the limit of 4[twenty-five thousand rupees to forty thousand rupees] in the case of any1[Civil Judge (Junior Division)] of not less than ten years standing and specially recommended in this behalf by the High Court. A Civil Judge so em1[Civil Judge (Junior Division)] of not less than ten years standing and specially recommended in this behalf by the High Court. A Civil Judge so em
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1. Substituted for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3 read with Bom. Act 48 of 1947. Section 3.
2 . Substituted for the words "ten thousand rupees" where they occur for the first time, by.
3. Proviso inserted by Bom. Act 7 of 1930, Section 3.
4. Substituted for the words "ten thousand rupees to fifteen thousand rupees" by the Bombay Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (Maha. Act 46 of 1977), Section 13(b) (1-1-1978).
Section 25 - Special jurisdiction of Civil Judge (Senior Division)
1Special jurisdiction of [Civil Judge (Senior Division)]
A Civil Judge (Senior Division), in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature, as may arise within the local jurisdiction to the Courts in the district presided over by1[Civil Judges (Senior Division)]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.]
In districts to which more than one1[Civil Judge (Senior Division)] have been appointed, the District Judge, subject to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised.
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1. Substituted for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3 read with Bom. Act 48 of 1947. Section 3.
2. Added by Bom. Act 7 of 1930, Section 4(2).
Section 26 - Appeals from his decision
In all suits decided by a Civil Judge1[* * * *] of which the amount or value of the subject-matter exceeds2[fifty thousand rupees], the appeal from his decision shall be direct to the High Court.
Gujarat Amendment.-- In its application to the State of Gujarat in Section 26 for the words "ten thousand rupees"( Rupees fifty thousand from 1 - 1 -S 4 ) the words "twenty thousand rupees" substituted -- See Guj. Act ( 20 of 1979 ), Section 4 ( 1 - 1 - 1980 ).
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1. Words "of the first class in the exercise of his ordinary and special original jurisdiction" were repealed by Bom. Act 28 of 1930, Section 2.
2. Substituted for the words "twenty-five thousand rupees" by the Bombay Civil Courts (Amdt.) Act. 1982(Maha. Act 10 of 1983). Section 3 (1-1-1984 )..
Section 27 - Appellate jurisdiction of Civil Judge (Senior Division) or Judge of Court of Small
Appellate jurisdiction of1[Civil Judge (Senior Division)] or Judge of Court of Small Causes
The State Government may invest any1[Civil Judge (Senior Division)] or any Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, in any place to which this section extends with power to hear appeals from such decrees and orders of Subordinate Courts as may be referred to him by the Judge of the district.
Decrees and orders so passed in appeal by a Civil Judgea (Senior Division) or a Judge of a Court of Small Causes shall have the same force as if passed by a District Judge.
A1[Civil Judgea (Senior Division)] or a Judge of a Court of Small Causes, on whom the power of hearing appeals has once been conferred under this section, shall continue to have this power so long and so often as he may fill the office of 1[Civil Judges (Senior Division)] or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed:1[Civil Judges (Senior Division)] or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed:
Provided that the State Government may, by notification in the Official Gazette, at any lime withdraw such power.
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1. Sub stituted for the words "Subordinate Judges" by B om. Act 10 of 1945 , Section 3 read with B om. Act 48 of 1947 . Section 3 .
Section 28 - Power to invest Civil Judges with small cause powers
4[28. Power to invest Civil Judges with small cause powers
(1) The High Court may invest any Civil Judge with the jurisdiction of a Court of Small Causes for the trial of suits cognizable by such Courts up to such amount as it may deem proper, not exceeding in the case of a Civil Judge (Senior Division) 1 [three thousand rupees] and in the case of a Civil Judge (Junior Division) 2 [One thousand and five hundred rupees].
(2) A Civil Judge (Senior Division) or a Civil Judge (Junior Division) who is invested with the jurisdiction of a Court of Small Causes under sub-section (1), shall continue to have such jurisdiction within the local limits of his ordinary jurisdiction so long and so often as he may fill the office of Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, without reference to the District in which he may be employed.
(3) The High Court may, whenever it thinks fit, withdraw such jurisdiction from any Civil Judge so invested.]
(2) Every order made by a Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject-matter exceeds or does not exceed 3 [fifty thousand rupees].
(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 applicable to appeals from appellate decrees.]
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1. Substituted for the words "one thousand and five hundred rupees" by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of 1977), Section 15(a) (1-1-1978).
2. Substituted for the words "five hundred rupees" where they occur for the second time by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of 1977), Section 15(b)
3. Substituted for the words "twenty-five thousand rupees" by the Bombay Civil Courts (Amdt.) Act, 1982, (10 of 1983), Section 4(1-1-1984).
4. Substituted for the original section by Bom. Act 94 of 1958, S. 7 (1-4-1959).
Section 29 - Seal of Civil Judge
Each Civil Judge shall use a seal one inch and a half in diameter, bearing the Asoka Capital Motif, with the following inscription in English and the principal language of the district:-- "Civil Judge of......"
Section 30and 31 - First Subordinate Judges, Pending proceedings
[Repealed by the Repealing Act, 1876 (XII of 1876).]
Section 32 - Government suits
1 [32. Government suits
(1) No Subordinate Court other than the Court of a 2 [Civil Judge (Senior Division)] and no Court of Small Causes shall receive or register any suit in which 3 [the Government] or any officer of the Government in his official capacity is a party.
(2) In every such case the plaintiff shall be referred to the Court of the 2 [Civil Judge (Senior Division)] and such suit shall be instituted only in the Court of the 2 [Civil Judge (Senior Division)] and shall be heard by such [Civil Judge,] subject to the provisions of section 24 of the Code of Civil Procedure, 1908.
(3) Nothing in this section shall be deemed to apply to a suit against the administration of a Government railway; or to apply to any suit merely because an officer of 3 [the Government] is a party thereto, in his capacity of--
(a) member of a local authority,
(b) curator, guardian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exercise of powers under : --
(i) Order 32, Rule 4(4) of the Code of Civil Procedure, 1908;
(ii) Section 69 or 71 of the Indian Lunacy Act, 1912;
(iii) Section 7, 18 or 42 of the Guardians and Wards Act, 1890;
(iv) Section 1 or 17 of the Ahmedabad Talukdars' Act, 1862;
(v) Section3, 19(1), 19(2), 20, 22(1) or 41(1) of the Bombay Court of Wards Act, 1905.]
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1. Substituted by Bom. Act 6 of 1926, Section 2.
2. Substituted by Bom. Act 10 of 1945, Section 5 read with Bom. Act 48 of 1947, Section 3.
3. Substituted by A.L.O. 1950.
Section 33 - Commission of Inquiry into alleged misconduct
[Repealed by A.O., 1937.]
Section 34 - Suspension of Subordinate Judges by High Court; by District Judge Saving of power of Government to suspend or dismiss
[Repealed by A.O., 1937.]