The Madras Civil Courts Act, 1873

THE MADRAS CIVIL COURTS’ ACT, 1873

Source page 1

THE MADRAS CIVIL COURTS’ ACT, 1873 ______ ARRANGEMENT OF SECTIONS ______ PREAMBLE. ______ PART I PRELIMINARY SECTIONS. ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. Number of Subordinate Judges and District Munsifs. Appointment to vacancy in office of District Judge or Subordinate Judge. District Courts, Subordinate Judges, and District Munsifs. Appeals from decrees of District Courts.

SECTIONS.

Source page 2

Section 30 — Vacation. SCHEDULE

Valuation of suits for immovable property. Power to require witness or party to make oath or affirmation. Law administered by Courts to Natives. Judges not to try suits in which they are interested; nor to try appeals from decrees passed by them in other capacities. Mode of disposing of such suits and appeals. ______ PART IV. Suspension of Judge by Local Government.

THE MADRAS CIVIL COURTS’ ACT, 1873

Source page 3

Section 1 — Short title.—This Act may be called “The Madras Civil Courts’ Act, 1873”: Local extent

Section 2 — [Repeal of enactments]

Section 3 — Number of District Courts

Section 4 — Number of Subordinate Judges and District Munsifs

Section 5 — Court’s locality

THE MADRAS CIVIL COURTS’ ACT, 1873 ACT NO. 3 OF 1873 [21st January, 1873.] An Act to consolidate and amend the law relating to 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 :— ______ PART I. Short title.—This Act may be called “The Madras Civil Courts’ Act, 1873”: Local extent.—It extends to all the territories for the time being under the government of the Governor of Fort. ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. Number of District Courts.—The number of District (heretofore designated Zila) Courts to be established or continued under this Act, shall be fixed, and may from time to time be altered, by the Local Government : Provided that no increase to the number of such Courts shall be made by such Government without the previous sanction of the Governor General in Council.

[The places fixed for any Court under this section shall be deemed to be within the local

Source page 4

Section 6 — Appointment to vacancy in office of District Judge or Subordinate Judge

Section 7 — Appointment to vacancy in office of District Munsif

Section 8 — District Courts, Subordinate Judges, and District Munsifs

Section 9 — Seal of Court

Section 10 — Local limits of jurisdiction of District Courts or Subordinate Judge

Section 11 — Local Jurisdiction of District Munsifs

Section 12 — Jurisdiction of District Judge or subordinate Judge in original suits

1 [The places fixed for any Court under this section shall be deemed to be within the local jurisdiction of that Court.] 6. Appointment to vacancy in office of District Judge or Subordinate Judge.—Whenever the office of the Judge of a District Court (hereinafter called a ‘District Judge’) or of a Subordinate Judge under this Act is vacant, or whenever the Governor General in Council has sanctioned an addition to the number of District Judges or Subordinate Judges under the provisions of section three or section four, the Local Government shall appoint to the office such duly qualified person as it thinks proper. Appointment to vacancy in office of District Munsif.—Whenever the office of a District Munsif under this Act is vacant, Or whenever the Governor General in Council has sanctioned an addition to the number of District Munsifs under the provisions of section four, the High Court shall appoint to the office such person as it thinks fit : Provided that he possesses the qualifications for the time being required by the rules in this behalf which the High Court, with the previous sanction of the Local Government, are hereby empowered to make and alter. Seal of Court.—Every Court under this Act shall use a seal of such form and dimensions as are, for the time being, prescribed by the Local Government. ______ PART III. 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. 2 [If the High Court assigns the same local jurisdiction to two or more District Munsifs, it shall declare which of them shall be deemed the Principal District Munsif, and the other, or others, shall be called Additional District Munsifs, and shall take cognizance only of such suits and applications as may, by special or general order in this behalf, be directed by the District Judge.] 12.

and proceedings, not otherwise exempted from his cognizance, of which the amount or value of the

Source page 5

Section 13 — Appeals from decrees of District Courts

Section 14 — Valuation of suits for immovable property

Section 15 — Power to require witness or party to make oath or affirmation

Section 16 — Law administered by Courts to Natives

Jurisdiction of District Munsif.—The 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 two thousand five hundred rupees. Appeals from decrees of District Courts.—Regular or special appeals, *** shall, when such appeals are allowed by law, lie from the decrees and orders of a District Court to the High Court. Appellate jurisdiction of District Court.—Appeals from the decrees and orders of Subordinate Judges and District Mirnsifs shall, when such appeals are allowed by law, lie to the District Court, except when the amount or value of the subject-matter of the suit exceeds rupees five thousand, in which case the appeal shall lie to the High Court: Appellate jurisdiction of Subordinate Judge.—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 Local 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: Disposal of appeal by District Judge.—Provided also, that the District Judge may remove 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 District Munsifs, preferred in the District Court, to any Subordinate Judge within the District. Valuation of suits for immovable property.—When the subject-matter of any suit or pro- ceeding is land, a house or a garden, its value shall, for the purposes of the jurisdiction conferred by this Act, be fixed in manner provided by the Court Fees’ Act, 1870, section seven clause v. Judges not to try suits in which they are interested;—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. nor to try appeals form decrees passed by them in other capacities.—No District Judge or Subordinate Judge, shall try any appeal against a decree or order passed by himself in another capacity. Mode of disposing of such suits and appeals.—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

Source page 6

Section 18 — Sespension of Judge by Local Government

Section 19 — Suspension of Subordinate Judge by High Court

Section 20 — Suspension of District Munsif by High Court. Commission of Inquiry

Section 21 — Suspension of District Munisf by District Judge

Section 22 — Appointment, suspension or removal of Ministerial Officers of District Courts

Section 23 — Appointment and removal of ministerial officers of subordinate Courts

The superior Court shall thereupon dispose of the case in the manner prescribed by the Code of Civil Procedure, section six. Nothing in the last preceding clause of this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court. ______ PART IV. Suspension of Subordinate Judge by High Court.—The High Court may, whenever it sees urgent necessity for so doing, suspend a Subordinate Judge pending the orders of the Local Government. The High Court shall immediately report the circumstances of such suspension, and the Local Government shall make such order thereon as it thinks fit. Suspension of District Munsif by High Court. Report to High Court.—Whenever a District Judge exercises the power to conferred by this section, he shall forthwith send to the High Court the a full report of the circumstances of the case, together with the evidence, if any, and the High Court shall make such order thereon as it thinks fit. _______ PART V.

shall be deemed to have been appointed under this Part.

Source page 7

Section 24 — Rules regulating such appointments

Section 24A — Transfer of Ministerial Officers

Section 25 — Temporary Discharge of duties of District Judge

Section 26 — District Judge may nominate to vacancy in office of District Munsif

Section 27 — District Judge to control Civil Courts of District

Section 28 — Investiture of [District or] Subordinate Judge with Small Cause jurisdiction

(subject to his approval or confirmation) by such Subordinate Judges and District Munsifs respectively.] 24. Rules regulating such appointments.— Every appointment under this Part shall be made subject to such rules as the Local Government from time to time prescribes on this behalf. Duties of Ministerial Officers.—Every person appointed under this Part shall perform such duties as may from time to time be imposed upon him by the presiding officer of the Court to which he belongs. Present Ministerial Officers.—The present Ministerial Officers of the Courts under this Act shall be deemed to have been appointed under this Part. The District Judge may transfer all or any of the ministerial officers of any Court under his control to any other such Court.] Present Ministerial Officers. —The present Ministerial Officers of the Courts under this Act shall be deemed to have been appointed under this Part. _______ PART VI. Temporary Discharge of duties of District Judge.—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, 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 such of the current duties thereof as are connected with the filing of suits and appeals, the execution of processes and the like, and shall continue in charge of the office until the same is resumed or assumed by an officer duly appointed thereto.

Investiture of District Munsif with similar jurisdiction.—and any District Munsif with the same

Source page 8

Section 29 — Exercise by Subordinate Judge of jurisdiction of District Judge in certain proceedings

Investiture of District Munsif with similar jurisdiction.—and any District Munsif with the same 1 jurisdiction up to the amount of rupees fifty [or on the recommendation of the High Court up to any 2 amount not exceeding rupees [three hundred]], and may, by like notification, whenever it thinks fit, withdraw such jurisdiction from the Subordinate Judge or Munsif so invested. Exercise by Subordinate Judge of jurisdiction of District Judge in certain proceedings.—(1) The High Court may, by general or special order, authorise 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 (39 of 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.] 30. Vacation.—The High Court may permit the Civil Courts under its control to adjourn from time to time for periods not exceeding in the aggregate two months in each year. SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1873 (12 of 1873), s.