Chapter IV Chapter IV

Subject to the general superintendence and control of the High Court, the District Judge shall superintend and control all other civil courts established including all Additional Judges appointed to such courts under this Act in the local area within his jurisdiction, and in the discharge of such functions it shall be his duty to- (a) inspect or cause to be inspected the proceedings of the courts, judges and offices under his control; (b) give such administrative directions with respect to any matters as he may think fit; and (c) call for such reports and returns from the subordinate courts and Judges in the district as may be prescribed by the High Court or as he may require for administrative purposes.

(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), or the law relating to Courts of Small Causes, for the time being in force in any area, or in any other provisions contained in this Act, the District Judge may, by order in writing, direct that any civil business cognizable by his court or by other civil courts established under section 5, in his civil district, shall be distributed amongst himself and Additional Judges, if any, of his court, as also amongst other courts under his control and amongst Additional Judges of such other courts 'inter se' in such manner as he deems fit: Provided that, except in so far as it may affect the exclusive jurisdiction of a Court of Small Causes, or of a court invested with the jurisdiction of a Court of Small Causes, a direction given under this section shall not empower any court to exercise powers or deal with business beyond the limits of its pecuniary and notified territorial jurisdiction. (2) Any judicial act in any suit, appeal or proceeding, instituted in a Court of competent jurisdiction, shall not be invalid only by reason of the fact that such institution was not in accordance with the order of distribution of business referred to in sub-section (1). (3) Whenever it appears to any Court, as is referred to in sub-section (2) that institution of any suit, appeal or proceeding, pending before it, was not in conformity with the order of distribution of business made under sub-section (1), it shall submit the record of such suit, appeal or proceeding, as the case may be, to the District Judge for appropriate orders, and the District Judge in relation thereto may pass orders either transferring the concerned record to proper court as per order of distribution of business or otherwise to any other Court of competent jurisdiction. (4) In distribution of civil business under sub-section (1), the District Judge shall be guided by such principles as the High Court may, by rules, prescribe.

(1) No Judge of a Court under this Act shall hear or determine any suit, appeal or other proceeding to which he is a party or in which he is directly or indirectly interested. (2) If any such suit, appeal or other proceeding comes before any civil court in the district or before an Additional Judge to such court, the Judge shall refer the case alongwith the record thereof and his report regarding the attending circumstances to the District Judge, who may either dispose of such case himself or subject to the limits of pecuniary jurisdiction, make it over or transfer it to another court or Additional judge to any of the courts in the district, as the case may be, for disposal. (3) If any such suit, appeal or other proceeding comes before the District Judge himself, he may either make over such case to any Additional Judge of his court, or transmit the record alongwith his comments on the attending circumstances to the High Court for appropriate orders.

In the event of death of a District Judge or his absence from civil district on leave or in the event of his being prevented from performing his duties by illness or other cause, senior most judge, according to cadre seniority as per hierarchy of the cadres, shall assume charge of the District Court, without interruption to his ordinary duties; and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, petitions, execution of processes, return of writs and the like; and shall further have power and jurisdiction to dispose of emergent interlocutary matters of such nature, as the High Court may by rules prescribe and the Judge so incharge shall continue in such charge until the office of the District Judge has been resumed or assumed by an officer duly appointed thereto.

Any District Judge leaving the headquarters and proceeding on duty to any place within his District, may delegate to the senior most Additional Judge of his Court at the headquarter or where there is no Additional Judge, to a Civil Judge at the headquarters, the powers of performing such duties as may be emergent and of disposing of any emergent matters as may be specified under section 18 and such Judge shall be deemed to be a Judge in charge of the court of the District Judge.

Where any person holding an office in the service of the State Government who has been invested with any powers under this Act throughout any local area is transferred or posted to any equal or higher office of the same nature within a like local area, he shall unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

(1) Subject to the approval of the State Government the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Court subordinate thereto. (2) The list shall be published in the Official Gazette. (3) A judicial act done by a court on a day specified in a list published under sub-section (2) shall not be invalid by reason only of its having been done on that day. (4) The District Judge may make such arrangements, as he may deem fit, for disposal of urgent civil matters during such vacation.

Every Civil Court shall use a seal of such form and dimensions as the State Government may prescribe on all processes and orders issued, and on all decrees passed, by it.

(1) The High Court may, from time to time, make rules for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:- (a) supervision and inspection of all courts subordinate to it; (b) fees to be charged for processes issued by civil courts, or by any officer of any such court and the fee payable in any suit or proceeding in any such court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceeding; (c) the manner in which proceedings of Civil Courts shall be kept and recorded, the manner in which paper books for the hearing of appeals may be prepared and the grant of copies; (d) matters relating to officers of courts; (e) persons who shall be permitted to act as petition writers in the courts subordinate thereto, grant of licences to such persons, conduct of business by them and the scale of fees to be charged by them, the authority by which breaches of rules shall be investigated and the penalties which may be imposed on them; (f) prescribing the principles for guidance of a District Judge for distribution of civil business amongst courts in his civil district; (g) emergent matters which a Judge incharge of District Court under section 18 shall have a power and jurisdiction to dispose of.

The Central Provinces and Berar Courts Act, 1917 (No. I of 1917), the Madhya Bharat Civil Courts Act, Samvat, 2009 (No. 43 of 1949), the Bhopal and Vindhya Pradesh (Courts) Act, 1950 (No XLI of 1950) and the Rajasthan Civil Courts Ordinance, 1950 (No. VII of 1950), in so far as it is applicable to Sironj region, are hereby repealed: Provided that the repeal of the enactments aforesaid shall not affect- (a) the previous operation thereof; or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (c) any investigation, legal proceeding or remedy in respect of any such punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that all appointments, rules and orders made, jurisdiction and powers conferred under any of the repealed enactments or purporting expressly or impliedly to have been so made or conferred, shall be deemed to have been respectively made and conferred under the corresponding provisions of this Act.

As from the date of the commencement of this Act,- (1) all existing Courts of District Judges and Additional District Judges shall respectively be deemed to be the Courts of District Judges and Additional District Judges established under this Act; (2) all existing Courts of Munsiffs in the Vindhya Pradesh, Bhopal and Sironj regions and of Civil Judges of the Second Class in the Madhya Bharat region shall be deemed to be the Courts of Civil Judges Class II established under this Act; (3) all existing Courts of Civil Judges of the First Class in the Madhya Bharat and Sironj regions and of Subordinate Judges in the Bhopal region shall be deemed to be the Courts of Civil Judges Class I established under this Act; (4) the existing Courts of Civil Judges in the Mahakoshal region shall be deemed to be the Court of Civil Judge Class II established under this Act except such of these Courts as may be specified by the State Government by a notification to be the Courts of Civil Judge Class I. Explanation.- In this section "existing Court" means a Court established under any of the enactments repealed by section 24 and functioning immediately before the commencement of this Act.

In every enactment passed before the commencement of this Act- (i) any reference to a "Subordinate Judge" shall be deemed to be a reference to the Court of the Civil Judge Class I and any reference to a Munsif shall be deemed to be a reference to the Court of the Civil Judge Class II established or deemed to be established under this Act; and (ii) any reference to a Civil Judge where no class is specified shall in relation to the Mahakoshal region be deemed to be a reference to the Court of Civil Judge Class II established or deemed to be established under this Act.

Every suit or other proceedings pending before any of the existing Courts immediately before the commencement of this Act shall on such commencements stand transferred to the Court having jurisdiction under the provisions of this Act and if there are more than one Court having such jurisdiction, to the Court which the District Judge may specify in that behalf in accordance with the provisions of this Act, and the Court to which the proceeding so stand transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court.

The Acts and Ordinance specified in column (I) of the Schedule shall be amended in the manner and to the extent specified in column (2) thereof.