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Bangalore City Civil Court Act, 1979 Section 19 - Bare Act

StateKarnataka Government
Year
Section TitleSpecial Provisions for Transfer of Pending Suits,etc.
Act Info:

(1) All suits, petitions, applications and other proceedings, other than appeals and proceedings connected therewith pending before the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-section (4) of section 3, which under this Act have to be instituted, filed or commenced in the City Civil Court shall, on the appointed date, stand transferred to the City Civil Court and shall be continued and disposed of by the City Civil Court as if such suits, petitions, applications or other proceedings had been instituted, filed or commenced in the City Civil Court.

(2) All appeals and proceedings connected therewith pending before the said District Courts or the courts of the Civil Judge referred to in sub-section (4) of section 3 shall on the appointed date stand1[transferred to the City Civil Court and shall be disposed of by the City Civil Court which is hereby empowered to hear such appeals and proceedings, as if they had been instituted, filed or commenced in such court.]

(3) Appeals against decrees and orders passed before the appointed date by the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-section (4) of section 3, when such appeals are provided by law, and which have not been filed before the appointed date, may on and from the appointed date be filed before the High Court and all such appeals shall be disposed of by the High Court as if they had been filed against the decrees and orders passed by the City Civil Court under this Act.

(4) Applications for review and for execution of a decree or order passed by the District Court, the Court of the Civil Judge or the Munsiff's Court referred to in sub-section (4) of section (3), which have not been filed before the appointed date may on and from the appointed date be filed in the City Civil Court.

(5) An appeal or review under sub-section (3) or sub-section (4) shall be filed before the expiry of the period prescribed for filing an appeal or review as the case may be, against the decrees and orders passed prior to the appointed date.

(6)1[(a) All applications under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) and proceedings connected therewith and all suits, applications and other proceedings, pending in the courts of Civil Judges and Munsiffs exercising jurisdiction within the limits of the city of Bangalore, which by virtue of this Act or any amendment made by this Act or any notification issued under section 8 of the Karnataka Small Causes Court Act, 1964 (Karnataka Act 11 of 1964), have to be instituted, filed or commenced in the Court of Small causes, shall, on the appointed date, stand transferred to the Court of Small Causes and shall be disposed of by the said court as if they have been instituted or commenced before it.

(b) In relation to the execution of decrees and orders passed before the appointed date the court which passed the decree shall be deemed to be,-

(a) where such decrees or orders have been passed in the exercise of any jurisdiction under the Karnataka Rent control Act, 1961 (Karnataka Act 22 of 1961) or the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964), the Court of Small Causes Bangalore ; and

(b) in other cases, the City Civil Court.]

(c) Applications for review and for execution of a decree or order passed by the court of Civil Judge referred to in sub-section (4) of section 3 under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) which have not been filed before the appointed date may on and from the appointed date be filed in the court of Small Causes;

(d) A review petition or an application for execution under clause (c) shall be filed before the expiry of the period prescribed for filing review or application for execution, as the case may be, against the decrees and orders passed prior to the appointed date;

1[(7) All suits, petitions, applications, appeals and other proceedings which under this section stand transferred to the Principal City Civil Judge or to the City Civil Court or to the Court of Small Causes, shall, stand posted to and be called before the Principal City Civil Judge or in the City Civil Court or in the Court of Small Causes, as the case may be, on the respective dates to which the said suits, petitions, applications, appeals and other proceedings stood adjourned or posted by the courts referred to in sub-section (4) of section 3 or tribunals or authorities referred to in sub-section (2) of section 12 as if the orders of adjournment or posting in that behalf had been made by the Principal City Civil Judge, the City Civil Court or the Court of Small causes, as the case may be, and the party or the parties thereto shall not be entitled to notice of such transfer.]

(8)1[Save as otherwise provided in sub-section (6) all applications, appeals], petitions and other proceedings pending before the District Court, the Court of the Civil Judge, the Munsiff's Court, the District Judge, the Civil Judge or the Munsiff exercising powers of a tribunal or any other authority referred to in sub-section (2) of section 12, shall, on the appointed date stand transferred to and be continued and disposed of by, the City Civil Court or the Principal City Civil Judge,2[or any other Judge nominated by him] as the case may be.

(9) The High Court may, by notification, for the purpose of removing any difficulty,-

(a) in relation to the transfer of suits, petitions, applications and other proceedings pending before the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-section (4) of section 3 to the City Civil Court on the appointed date ;

(b) in relation to the transfer of applications and proceedings under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) pending in the Court of the Civil Judge to the Court of Small Causes on the appointed date ;

(c) in relation to the posting and calling of transferred suits, petitions, applications and other proceedings before the City Civil Court ; and

(d) in relation to the bringing the provisions of this Act into effective operation ;

make such provisions or orders not inconsistent with the purposes of this Act as may appear to it to be necessary or expedient.

2[(9A) If there be any doubt or difficulty in regard to the question as to which Judge or Court, any suit, appeal or proceeding shall stand transferred to under this section, the Judge or Court designated by the High Court shall be the Judge or Court to which the said suit, appeal or proceeding shall stand transferred under this section and the decision of the High Court shall be final.]

(10) For removal of doubts it is hereby declared that the provisions of the Karnataka Civil Rules of Practice, 1967 and other rules regulating the practice and procedure of the Civil Courts, applicable to the Civil Courts in the State of Karnataka on the appointed date shall, until they are amended or altered, mutatis mutandis apply to the City Civil Court.

(11) The local limits of the Jurisdiction of the Court of Small Causes established under section 3 of the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) for the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949), shall, as from the appointed date be the limits of the City of Bangalore as defined in this Act.

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1. Substituted by Act 23 of 1980 (w.e.f. 25-7-1980).

2. Inserted by Act 23 of 1980 (w.e.f. 25-7-1980).




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