The Tamil Nadu Civil Courts Act (Iii of 1874) Complete Act - Bare Act

An Act to consolidate and amend the law relating on the Civil Courts of the Madras Presidency Subordinate to the High Court.

Preamble " WHEREAS it is expedient to consolidate and amend the law relating to the Civil Courts of the Madras.

Presidency subordinate to the High Court. It is hereby enacted as follows:-

1.
Short title -

This Act may be called Substituted by Tamil Nadu Adaption Order , 1969 THE TAMIL NADU CIVIL COURTS ACT' 1873.

It extends to all the territories Omitted by Adaption Order of 1937 under the Government of the Governor of Fort St. George in Council Omitted by the Madras Adaptation of laws Order, 1954.

Commencement "

And it shall come into force on the 1^st day of March 1873.

2. [Repeal of certain enactment. Repealed by the Repealing Act, 1873 (central Act XII of 1873)].

Establishment

The Number of District (heretofore designated zilla) Courts to be established or continued under this Act, shall be fixed, and may form time to time be altered, by the The words ˜Provincial Government' were substituted for the words ˜Local Government' by the Adaptation Order of 1937 and the words ˜State' was substituted for ˜Provincial' by the Adaptation Order of 1950. [State Government]

Repealed by the Decentralization Act, 1914 (central Act IV of 1914), Sch. Pt.I.

Section 3-A was inserted by section 2 of the Madras Civil Courts (Amendment) Act, 1931 (Madras Act II of 1931) [
3-A Appointment of Additional District Judges -

When in the opinion of the High Court, the state of business pending before the Judge any District Court (hereinafter called the ˜District Judge') so requires, The words ˜Provincial Government' were substituted for the words ˜Local Government' by the Adaptation Order of 1937 and the words ˜State' was substituted for ˜Provincial' by the Adaptation Order of 1950. [State Government] may appoint one or more Additional District Judges to that Court , for such period as they may deem necessary.

The Additional District Judges so appointed shall discharge all or any of the functions of the District Judge under this Act or any other law for the time being in force which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.

The number of subordinate Judges and District Munsifs to be appointed under this Act for each district, shall be fixed, and may from time to time be altered, by The words ˜Provincial Government' were substituted for the words ˜Local Government' by the Adaptation Order of 1937 and the words ˜State' was substituted for ˜Provincial' by the Adaptation Order of 1950.[State Government]

Repealed by Central Act IV of 1914

Added by section 2 of the Madras Civil Courts (Amendment) Act, 1925 (Madras Act III of 1925) The Repealed by Central Act IV of 1914 [State Government] may after consultation with the High Court, fix and from time to time vary by notification the number of Subordinate Judges to be appointed for a Subordinate Judge's Court or the number of District Munsifs to be appointed for a District Munsifs Court]

Inserted by Section 3 of Madras Act III of 1925 [
4-A. Principal Subordinate Judge Principal District Munsif "

When more than one Subordinate Judge is appointed to a Subordinate Judge's Court or more than one District Musif to a District Munsif's Court, one of the Subordinate Judge or the District Munsif shall be appointed the Principal Subordinate Judge or Principal District Munsif and the others Additional Subordinate Judges or Additional District Munsifs as the case may be.

Each of the Judges appointed to a Subordinate Judge's Court or a District Munsif's Court may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force.

Subject to the general or special orders of the District Judge, the Principal Subordinate Judges or the Principal District Munsif's may from time to time make, such arrangements as he thinks fit for the distribution of the business of the Court among the various Judges thereof.]

The place at which any court under this Act shall be held may be fixed, and may from time to time be altered, in the case of a District Court or a Subordinate Judge's Court, by the Substituted by the Adaption Order 1950 [State Government]

In the case of a District Munsif's court , by the High Court.

Added by Section 2 of the Madras City Civil Courts Act, 1885 (Central Act XXI of 1885) The places fixed for any court under this section, shall be deemed tobe within the local jurisdiction of that Court.]

The present zilla Courts, Principal Sadr Amins, and District Munsifs shall be respectively the first " District Courts ", " Subordinate Judges" and "District Munsifs" under this Act.

Every Court under this Act shall be use a seal of such form and dimensions as are, for the time being, prescribed by the Omitted by Adaptation Order of 1937 [State Government]

JURISDICTION

The Substituted by Adaptation order 1950 [State Government] shall fix, and may from time to time vary, the local limits of the jurisdiction of any Substituted by the Section 4 (a) if the Madras Civil Courts (Amendment) Act, 1925 (Madras Act III of 1925) [District Court or Suboridnate Judge's Court] under this Act.

Omitted by Section 4 (b), ibid

The present local limits of the jurisdiction of every Civil Court (other than the High Court) shall be deemed to have been fixed under this Act.

The High Court shall fix, may from time to time modify, the local jurisdiction of District Munsifs.

Omitted by Section 5, ibid

The jurisdiction of a District Judge or a Subordinate Judge extends, subject to the rules contained in the Code of Civil Procedure See now Central Act V of 1908 to all original suits and proceedings of a civil nature.

Notes: Decree passed by Sub-Court Act 28 of 1995 comes into force "pecuniary jurisdiction of Munsif Court raised " Execution. Whether to be transferred to Munsif - no 1996 TLNJ 342.

Though the language of the section is mandatory, it has been held that the section prescribes only a rule of Procedure and not of Jurisdiction. A direction to the suitor and not a rule binding the Court vide ILR 7 M 1230; ILR 7 Cal. 155; ILR 34 Mad. 183 and ILR 15 Mad. 241; It is clear that the hearing and disposal by a Sub-court of a Proceeding triable by a District Munsif is only an irregularity and not an illegality ;nor does it affect the jurisdiction of the Sub-Court . The Tamil Nadu Civil Courts Amendment Act 1980 had not amended the first Part of Sec.12. By enhancing the pecuniary limits of the Jurisdiction of the District Munsif the Jurisdiction of the Subordinate Judge conferred by his first part of Sec.12 is not in any way affected effect of decision 1988 TLNJ 349.

Jurisdiction of District Munsif "

Jurisdiction of a District Munsif extends to all like suits and proceedings, not otherwise exempted from his cognizance, of which the amount or value of the subject matter does not exceed Substituted for "fifteen thousand rupees" by Tamil Nadu Act 28 of 1995.[thirty thousand rupees]

Regular or special appeals Repealed by the repealing and Amending Act, 1981 (Central Act XII of 1891 shall, when such appeals are allowed by law, lie from the decrees and orders of a District Court to the High Court.

Substituted by the Tamil Nadu Act 28 of 1995 Appeals from the decrees and orders of Subordinate Judges and District Munsifs shall, when such appeals are allowed by law, lie to the District Court if passed.

(i) before the date of the commencement of the Tamil Nadu Civil Courts and the Madras City Civil Court (amendment) Act, 1995 except when the amount or value of the subject-matter of the suit exceeds rupees thirty thousand in which case the appeal shall lie to the High Court and

Tamil Nadu Act 15 of 1996 (ii) on or after the 1^st day of December 1995 except when the amount or value of the subject matter of the suit exceeds rupees three lakhs in which case the appeals shall lie to the High Court.

Provided that whenever a Subordinate Judge's Court is established in any district at a place remote from the station of the District Court, the High Court, may, with the previous sanction of the Substituted by the Adaptation Order of 1950 [State Government] direct that appeals from the decrees or orders of District Munsifs within the local limits of the jurisdiction of such Subordinate Judge be preferred in the Court of the latter.

Provided also that the District judge mayremove to his own court, from time to time, appeals so preferred, and dispose of them himself, or may, subject to the orders of the High court refer any appeals from the decrees and orders of Districts Munsifs, preferred in the District Court, to any subordinate judge within the district:

This proviso was added by Section 2 of the Madras Civil Courts (Amendment) Act, 1945, (Madras Act XXII of 1945) This was permanently re-enacted by Madras Act VII of 1948. [ Provided further that when the District court or the Subordinate judge's court to which appeals lie is adjourned under section 30, the High Court, shall have power to receive such appeals.]

Every court under this Act may require a witness or party to any suit or other proceeding, pending in such court to make such oath or affirmation as is prescribed by the law for the time being in force.

Where, in any suit or proceeding , it is necessary for any Court under this Act to decide any question regarding succession, inheritance, marriage, or caste, or any religious usage or institution.

(a) the Muhammadan law in cases where the parties are Muhammadans and the Hindu law in cases where the parties are Hindu law, or

(b) any custom (if such there by ) having the force of law and governing the parties or property concerned, shall from the rule of decision unless such law or custom has, be legislative enactment, been altered or abolished.

(c ) in cases where no specific rule exists, the Court shall act according to justice, equity and good conscience.

No District Judge, Subordinate Judge or District Munsif shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceeding connected with, or arising out of, such suit.

No District Judge or Subordinate Judge shall try any appeal against a decree or order passed by himself in another capacity.

When any such suit, proceeding or appeal comes before any such officer, he shall report the circumstances to the court to which he is immediately subordinate.

The superior Court shall thereupon dispose of the case in the manner prescribed by the Code of Civil Procedure, Present Section -24 of 1908 Act. [Section 6] .

Nothing in the last preceding clause of this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.

The Ministerial Officers of a Court shall perform such duties as may from time to time be imposed upon them by the presiding officer of the Court]

Miscellaneous

Inserted by Section 2 of the Madras Civil Courts (Amendment) Act, 1948, (Madras Act X of 1948)
[ 24-A. Appointment of Subordinate Judge for two or more districts.- (1) Notwithstanding anything contained in this Act, a Subordinate Judge may, where the Substituted by the Adaptation Order of 1950 [ State ] Government so direct, be appointed for the area comprised within the local limits of the jurisdiction of two or more District Courts.

(2) A Subordinate Judge so appointed shall hold his Court at such place within the jurisdiction of each of the said District Courts and for such period as the High Court may from time to time fix.

(3) The local limits of jurisdiction of the Subordinate Judge's Court, when it is held at any such place, shall be the same as those of the District Court concerned, but the Subordinate Judge's Court shall not entertain any original suit or proceeding and shall try or dispose of only such suits, appeals and other proceedings as may be transferred to it by the District Court under this Act or any other law.

(4) Appeals from the decrees and orders of the Subordinate Judge in suits or proceedings so transferred shall, where they lie to a District Court, lie to the District Court which transferred the suits or proceedings.]

In the event of the death of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the station in which his Court is held.

Inserted by Section 6 of the Madras Civil Courts (Amendment) Act, 1931, (Madras Act II of 1931) the senior Additional District Judge or the Additional District Judge as the case may be or if there is no Additional District Judge, the senior Subordinate Judge of the District shall, without interruption to his ordinary duties, assume charge of the District Judge's office, and shall discharge of the current duties thereof as are connected with the filing of suits and appeals the execution of process and the like, and shall continue in charge of the office until the same is resumed or assumed by an office duly appointed thereto.]

Subject to the other provisions of this Act and to the rules for the time being in force and prescribed by the High Court in this behalf, the general control over all the Civil Courts under this Act in any district is vested in the District Judge.

The Substituted by the Decentralization Act, 1914 (Central Act IV of 1914) [High Court] may, by notification in the Official Gazette, invest within such local limits as it shall from time to time appoint, any Inserted by Section 5 of the Madras City Civil Courts Act, 1885 (Central Act XXI of 1885) [District or] Subordinate Judge with the jurisdiction of a Judge of a Court of Small Causes for the trial of suits cognizable by such courts up to the amount of Substituted by Tamil Nadu Act 28 of 1995 [ Twenty thousand rupees].

and any District Munsif with the jurisdiction upto the amount of [***] Substituted by Tamil Nadu Act 28 of 1995 [five thousand rupees], and may, by like notification, whenever it things fit withdraws such jurisdiction from the Inserted by Section 5 of the Madras City Civil Courts Act, 1885 (Central Act XXI of 1885) [District or] Subordinate Judge or Munsif so invested .

Inserted by Section 2 of the Madras Civil Courts (Amendment) Act, 1926, (Madras Act XIV of 1926) [29. Exercise by Subordinate Judge of Jurisdiction of District Judge in certain proceedings " (1) The High Court may, by general or special order, authorize any Subordinate Judge to take cognizance of, or any District Judge to transfer to any Subordinate Judge under his control, any proceedings under the Indian Succession Act, 1925, which cannot be disposed of by District Delegates.

(2) 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.

(3) Notwithstanding anything contained in Section 13, proceedings taken cognizance of by, or transferred to, a Subordinate Judge under the provisions of this section shall be disposed of by him subject to the law applicable to like proceedings when disposed of by the District Judge.]

(1) The High Court may permit the Civil Court under its control to adjourn from time to time for periods not exceeding in the aggregate to two months in each year.

Section 30 re-numbered as sub-section (1) and sub-sections (2) to (7) added by Tamil Nadu Act XVII of 1959 [(2) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act V of 1908). The State Government may, in consultation with the High Court' for the duration of the adjournment of any District Court in summer, appoint for such District Court a Subordinate Judge to be designated the vacation Civil Judge.

(3) (a) The local limits of the jurisdiction of the Vacation Civil Judge shall be the same as those of the district Court concerned.

(b) The jurisdiction of the Vacation Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by, any Civil Court (whether a District Court, a Subordinate Judge's Court or a District Munsif's Court ) in the District concerned when such Court is adjourned for summer vacation.

(4) The place, at which the Court of the Vacation Civil Judge shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation Civil Judge shall have such administrative control over the staff or the several Civil Courts in the district, as the High Court may, by general or special order, determine.

(5) Notwithstanding the appointment of the Vacation Civil Judge, every Civil Court in the district shall, during the period it is adjourned for summer vacation, be deemed to be closed for the purpose of section 4 of the Indian Limitation Act, 1908 (Central Act IX of 1908).

(6) On the reopening of the District Court, a Subordinate Judge's Court or a District Munsif's Court after the summer vacation, all suits, appeal and other proceeding pending in the Court of the Vacation Civil judge which , but for the section, would have been instituted or pending in such District Court, Subordinate Judge's Court, or District Munsif's Court and any decree, order or proceeding passed by the Vacation Civil Judge shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned.

(7) Notwithstanding the provisions of sub-section (6), any appeal from the decree or order of the Vacation Civil Judge shall, when such appeal is allowed by law, lie to the High Court.