The Bihar Civil Court Act, 2026

Short title, extent and commencement.—

1. (1) This Act may be called the Bihar Civil Courts Act, 2026.
2. (2) It shall extend to the whole of the State of Bihar.
3. (3) It shall come into force from the date of notification in the official Gazette.

Definitions: In this Act, unless the context otherwise requires.—

1. (a) "High Court" means the High Court of Judicature at Patna for the State of Bihar;
2. (b) "District Judge" means Principal District Judge and it includes District Judge;
3. (c) "Civil Judge" means Civil Judge and in it includes Civil Judge (Senior Division) and Civil Judge (Junior Division);
4. (d) "State Government" means the Government of Bihar.

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.

Ordinary Jurisdiction

Extent of original jurisdiction of Principal District Judge.— Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a Principal District Judge extends, subject to the provisions of Sections 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts.

Extent of jurisdiction of Civil Judge:-

1. (1) Save as aforesaid and subject to the provisions of sub-section (3), the jurisdiction of a Civil Judge (Junior Division) shall extend to all like suits of which the value does not exceed Ten Lakh rupees.
2. (2) Save as aforesaid and subject to the provisions of sub-section (3), the jurisdiction of a Civil Judge (Senior Division) shall extend to all suits exceeding the value Ten Lakh rupees;
3. (3) The High Court may direct, by notification in the Official Gazette, with respect to any Civil Judge (Junior Division) named therein that his jurisdiction shall extend to all suits of such value not exceeding Fifty lakh rupees as may be specified in the notification; Provided that the High Court may by notification in the Official Gazette, alter or amend the pecuniary jurisdiction from time to time.

Appeals from the Judgments and Orders of the District Judges.— Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge shall lie to the High Court.

Appeals from the orders or Decrees of Civil Judges.—

1. (1) Save as aforesaid, an appeal from a decree or order of a Civil Judges shall lie-
   • (a) to the Principal District Judge where the value of the original suit in which or in any proceedings arising out of which the decree or order was made was less than Fifty lakh rupees; and
   • (b) to the High Court in any other case; Provided that the High Court may by notification in the Official Gazette, alter or amend the pecuniary jurisdiction as fixed herein, from time to time.
2. (2) Where the function of receiving any appeals which lie to the Principal District Judge under sub-section
3. (1) has been assigned to a District Judge, the appeals may be preferred to the District Judge.

Special Jurisdiction

Exercise of jurisdiction of District Court in certain proceedings by Civil Judge.—

1. (1) The High Court may, by general or special order, authorize any Civil Judge to take cognizance of, or any Principal District Judge to transfer the proceedings under the Indian Succession Act, 1925 to a Civil Judge under his administrative control.
2. (2) The Principal District Judge may withdraw any such proceedings taken cognizance of by or transferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
3. (3) Disposal of proceedings referred to in last foregoing section- Proceedings taken cognizance of, or transferred to a Civil Judge, as the case may be, shall be disposed of by him subject to the rules applicable to like proceedings when disposed by the District Judge.

Supplemental Provisions

Judges not to try suits in which they are interested.—

1. (1) The Presiding Officer of a Civil Court shall not try any suit or other proceedings to which he is a party or in which he is personally interested.
2. (2) The Presiding Officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity.
3. (3) When any such suit, proceeding or appeal as is referred to in sub-section
4. (1) or sub-section
5. (2) comes before any such officers, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate with a report of the circumstances attending the reference.
6. (4) The Superior Court shall thereupon dispose of the case under Section 24 of the Code of Civil Procedure, 1908.
7. (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.

Conduct.— The Civil Courts shall act according to justice, equity and good conscience in all matters before it.

Repeal and Savings.—

1. (1) The Bengal, Agra , Assam Civil Courts Act, 1887 as is applicable to the State of Bihar is hereby repealed.
2. (2) Notwithstanding such repeal all Court constituted, appointments, nominations, rules, notifications, and orders made for jurisdiction and power conferred under the Bengal, Agra and Assam Civil Courts Act, 1887, or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published shall be deemed to have been respectively constituted, made conferred and published under this Act; and
3. (3) Any actions taken or purported to have been taken under the Bengal, Agra and Assam Civil Courts Act, 1887 shall be deemed to have been taken under the provisions of this Act; and
4. (4) Any enactment or document referring to the Bengal, Agra and Assam Civil Courts Act, 1887, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.