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Civil Courts Act, 1964 Chapter III - Bare Act

StateKarnataka Government
Year
Section TitleJurisdiction
Act Info:

(1) The State Government shall, in consultation with the High Court, and subject to the provisions of section 4 and section 6 of this Act, fix and may from time to time vary, by notification, the local limits of the jurisdiction of any District Court or1[Court of Civil Judge (Senior Division)] under this Act.

(2) The State Government shall, in consultation with the High Court, fix and may from time to time vary by notification the local limits of jurisdiction of any1[Court of a Civil Judge (Junior Division)] under this Act.

(3) Until notifications are issued under sub-section (1) or sub-section (2), the existing local limits of jurisdiction of every Civil Court shall be deemed to have been fixed under this Act.

2[(4) Where the local limits of the jurisdiction of any District Court, Court of1[Civil Judge (Senior Division)] or1[Court of a Civil Judge (Junior Division)] is varied by a notification issued under sub-section (1) or sub-section (2), the High Court may make such orders as it may consider necessary for the transfer of suits, applications, appeals and other proceedings pending in any such court].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Inserted by Act 13 of 1980 (w.e.f. 17.11.1980).


Section 14 - Jurisdiction of District Court

(1) The District Court shall be deemed to be the principal Civil Court of original jurisdiction within the local limits of its jurisdiction.

(2) Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the jurisdiction of a District Court shall extend to all original suits and proceedings of a civil nature.


Section 15 - Control of subordinate courts by District Court

The District Court shall, subject to the general control of the High Court, have control over all other Civil Courts within the local limits of its jurisdiction.


Section 16 - Jurisdiction of Civil Judge (Senior Division)

16. Jurisdiction of1[Civil Judge (Senior Division)]

The jurisdiction of the2[Court of Civil Judge (Senior Division)] shall extend to all original suits and proceedings of a civil nature.

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Substituted by Act 13 of 1989 (w.e.f. 17.4.1989).


Section 17 - Jurisdiction of Civil Judge (Junior Division)

17. Jurisdiction of1[Civil Judge (Junior Division)]

The jurisdiction of a1[Court of Civil Judge (Junior Division)] shall extend to all original suits and proceedings of a civil nature, not otherwise excluded from the1[Civil Judge's (Junior Division)] jurisdiction, of which the amount or value of the subject-matter does not exceed2[fifty thousand rupees].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Substituted by Act 13 of 1989 (w.e.f. 17.4.1989).


Section 18 - Appeals from District Courts

Appeals from the decrees and orders passed by a District Court in original suits and proceedings of a civil nature shall, when such appeals are allowed by law, lie to the High Court.


Section 19 - Appeals from Civil Judge (Senior Division)

19. Appeals from1[Civil Judge (Senior Division)]

Appeals from the decrees and orders passed by a1[Civil Judge (Senior Division)] in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,-

(1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding is less than2[one lakh rupees];

(2) to the High Court, in other cases.

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Substituted by Act 13 of 1989 (w.e.f. 17.4.1989).


Section 20 - Appeals from Civil Judge (Junior Division)

1[20. Appeals from2[Civil Judge (Junior Division)]

Appeals from the decrees and orders passed by a2[Civil Judge (Junior Division)] in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the2[Court of the Civil Judge (Senior Division)].

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1. This section is substituted by Act 81 of 1976 as follows but not yet brought into force.

20. Appeals from Civil Judge (Junior Division).-

(1) Appeals from the decrees and orders passed by a Civil Judge (Junior Division) in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,-

(i) to the Court of the Civil Judge (Senior Division) , when the amount or value of the subject matter of the original suit or proceedings is not more than five thousand rupees;

(ii) to the District Court, in other cases.

(2) Not withstanding anything contained in sub-section (1), but subject to the general or special orders of the High Court, the District Court may, at any stage, withdraw any appeal pending before a Court of the Civil Judge (Senior Division) subordinate to it and dispose of the same, and in respect of such appeal, the District Court shall, for the purpose of this Act, be deemed to be the competent appellate Court.

2. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 21 - Appellate jurisdiction of the Judge of Court of Small Causes

The High Court may, by notification, invest any Judge of the Court of Small Causes established under the1[Karnataka] Small Causes Courts Act, 1964, with powers to hear appeals 12 from such decrees and orders of2[Courts of a Civil Judges (Junior Division)] as may be referred to him by the District Judge.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 (w.e.f. 01.11.1973).

2. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 22 - Power to invest the Court of the Civil Judge (Senior Division)and the Court of a Civil Judge (Junior Division) with Small Cause powers

22. Power to invest the Court of the 1 [Civil Judge (Senior Division)] and the 1 [Court of a Civil Judge (Junior Division)] with Small Cause powers

(1) The High Court, may, by notification, invest within such limits, as it shall, from time to time, determine, any 1 [Court of a Civil Judge (Senior Division)] or a 1 [Court of a Civil Judge (Junior Division)] with jurisdiction for the trial of suits cognizable by a Court of Small Causes up to such amount as it may deem proper not exceeding in the case of a 1 [Court of a Civil Judge (Senior Division)] 2 [3 [twenty-five thousand] rupees], and in the case of 1 [Court of a Civil Judge (Junior Division)], 3 [three thousand] rupees.

(2) The High Court, may, by notification, withdraw or alter, whenever it thinks fit, such jurisdiction of any Court of the 1 [Civil Judge (Senior Division)] or 1 [Court of a Civil Judge (Junior Division)] so invested.

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Substituted by Act 81 of 1976 w.e.f. 1.10.1978 by notification. Text of the notification is at the end of the Act.

3. Substituted by Act 3 of 1994 w.e.f. 29.4.1993.


Section 23 - Power to invest Civil Judge (Senior Division) with jurisdiction under certain Acts

23. Power to invest1[Civil Judge (Senior Division)] with jurisdiction under certain Acts

(1) The High Court may, by notification, invest any1[Civil Judge (Senior Division)] within such local limits and subject to such pecuniary limitation as may be specified in such notification, with all or any of the powers of a District Judge or a District Court, as the case may be, under the following Acts, namely:-

(i) The Indian Divorce Act, 1869 (Central Act 4 of 1869);

(ii) The Guardians and Wards Act, 1890 (Central Act 8 of 1890);

(iii) The Indian Lunacy Act, 1912 (Central Act 4 of 1912);

2[(iv) x x x]

(v) The Special Marriage Act, 1954 (Central Act 43 of 1954).

(2) Every order made by a1[Civil Judge (Senior Division)] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal,-

(i) to the District Court, when the amount or value of the subject matter is less than twenty thousand rupees;

(ii) to the High Court, in other cases.

(3) Every order of the District Judge passed on appeal under sub-section (2) from the order of a1[Civil Judge (Senior Division)] shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure, 1908, applicable to appeals from appellate decrees.

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Omitted by Act 28 of 1978 (w.e.f. 1.2.1979) by notification. Text of the notification is at the end of the Act.


Section 23A - Investiture of subordinate courts with jurisdiction of District Court under the Indian Succession Act, 1925

1[23A. Investiture of subordinate courts with jurisdiction of District Court under the Indian Succession Act, 1925

(1) The High Court may, by notification, invest any1[Civil Judge (Senior Division)] or1[Civil Judge (Junior Division)], within such local limits and subject to such pecuniary and other limitations as may be specified in such notification, with all or any of the powers of a District Judge under the Indian Succession Act, 1925 (Central Act 39 of 1925).

(2) Any1[Civil Judge (Senior Division)] or1[Civil Judge (Junior Division)] invested with powers under sub-section (1) shall have concurrent jurisdiction with the District Judge in the exercise of the powers conferred by the said Act upon the District Judge, and the provisions of the said Act relating to the District Judge shall apply to such1[Civil Judge (Senior Division)] or1[Civil Judge (Junior Division)], as the case may be, as if he were the District Judge:

Provided that every order made by the1[Civil Judge (Senior Division)] or the1[Civil Judge (Junior Division)] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal,-

(i) to the Court of1[Civil Judge (Senior Division)] when the order is passed by the1[Civil Judge (Junior Division)];

(ii) to the District Court where the order is passed by a1[Civil Judge (Senior Division)].

(3) Every order passed on appeal under the proviso to sub-section (2) shall be subject to appeal to the High Court under the rules contained in the Code of Civil Procedure, 1908, applicable to appeals from appellate decrees.]2

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).

2. Section 23A Inserted by Act 28 of 1978 (w.e.f. 1.2.1979).


Section 24 - Judges not to try suits in which they are interested nor to try appeals from decrees passed by them in other capacities

(1) No District Judge, 1 [Civil Judge (Senior Division)] or 1 [Civil Judge (Junior Division)] shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceedings connected with or arising out of such suit.

(2) No District Judge, 1 [Civil Judge (Senior Division)] or Judge of the Court of Small Causes shall try any appeal against any decree or order passed by himself in any other capacity.

(3) When any such suit, proceeding or appeal comes before any such Judge or 1 [Civil Judge (Junior Division)], he shall report the circumstances to the Court to which he is immediately subordinate.

(4) The superior Court shall thereupon dispose of the case in the manner prescribed by section 24 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).





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