Chapter II Chapter II

Constitution of Civil Courts

Classes of Courts.— There shall be the following classes of Civil Courts under this Act, namely:-

1. (i) The Court of the Principal District Judge;
2. (ii) The Court of the District Judge;
3. (iii) The Court of the Civil Judge (Senior Division); and
4. (iv) The Court of the Civil Judge (Junior Division),

Number of District Judges and Civil Judges.— The State Government may determine or modify the cadre strength of District Judges and Civil Judges in consultation with High

Vacancies in the cadre of District Judge or Civil Judges Vacancies in the cadre of District Judge or Civil Judges.—

1. (1) Whenever the office of District Judge or Civil Judge is vacant by reason of the death, resignation or removal of the Judge or other cause or whenever an increase in the number of District or Civil Judges, the vacancy may be filled up as per the provisions contained in Article- 233 and 234 of The Constitution of India.
2. (2) Nothing in this section shall be construed to prevent High Court from appointing a District Judge or Civil Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Civil Judge, all or any of functions of another District Judge or Civil Judge, as the case may be.

Administrative control of the Courts.— Subject to the superintendence of the High Court, the Principal District Judge shall have administrative control over all the Civil Courts under this Act within local limits of his jurisdiction.

Temporary charge of District Court.— In the event of the death, resignation or removal of the Principal District Judge or his being incapacitated by illness, transfer or otherwise from the performance of his duties or on his absence from the place at which his court is held, the Senior Most District Judge shall without relinquishing his ordinary duties, assume charge of the office of the Principal District Judge and shall continue in the charge thereof until the office is resumed by the Principal District Judge or assumed by an officer appointed thereto.

Transfer of proceedings on vacation of office of Civil Judge:-

1. (1) In the event of vacancy accrued on account of death, resignation or removal of a District Judge or a Civil Judge, or of his being incapacitated by illness, transfer, leave for the period exceeding one month or otherwise from the performance of his duties, the Principal District Judge may transfer all or any of the proceedings pending to other Competent Court under his administrative control competent to dispose them or to his own Court.
2. (2) Proceedings transferred under the sub-section
3. (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred: Provided that the Principal District Judge may re-transfer any proceedings transferred under sub-section
4. (1) to his own or any other Court from the Court of the District Judge or Civil Judge.
5. (3) For the purpose of proceedings which are not pending in the Court of the Civil Judge on the occurrence of an event referred to in sub-section
6. (1) and with respect to which that Court has exclusive jurisdiction the Principal District Judge may exercise all or any of the jurisdiction of that Court.

Power to fix local limits of jurisdiction of Courts.—

1. (1) The State Government may in consultation with the High Court by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
2. (2) If the same local jurisdiction is assigned to two or more Civil Judges, the Principal District Judge may assign to each of them such civil cases as the case may be, subject to any general or special orders of the High Court, it may think fit.
3. (3) When Civil proceeding arising in any local area is assigned by the Principal District Judge to one of two or more Civil Judges under sub-section (2), a decree or order so passed shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond that local area if that place is within the local limits fixed under sub-section (1).
4. (4) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.

Place of sitting of Courts.—

1. (1) The State Government may in consultation with the High Court fix or alter the place or places at which any Civil Court under this Act is to be held by notification in the Official Gazette. Provided that in emergent situation, the High Court may fix any other place of sitting of the Court within local limits of the said Court.
2. (2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.

Vacations of Courts.—

1. (1) The High Court shall prepare a calendar of holidays to be observed in each year in the Civil Courts.
2. (2) The calendar so prepared shall be published in the Official Gazette.
3. (3) A judicial act done by a Civil Court on a holiday specified in the calendar shall not be invalid by reason only of its having been done on that day.

Seals of Courts.— Every Civil Court under this Act shall use a seal of such form and dimensions as is prescribed by the High Court.