The Madhya Pradesh Civil Courts Act, 1958
Chapter II Chapter II
Chapter II Chapter II
3. Classes of Civil Courts
(1) In addition to the Courts established under any other law for the time being in force, there shall be the following classes of Courts, namely:— (1) the Court of the District Judge; (2) the Court of the Additional District Judge; (3) the Court of the Civil Judge Class I; and (4) the Court of the Civil Judge Class II. (2) A Presiding Officer of the Court of District Judge, Additional Judge to the Court of District Judge or Additional District Judge shall be from the cadre of Higher Judicial Service: Provided that a Judge from the supernumerary cadre of Additional District Judge may also be appointed for the time being, to a court of Additional District Judge. (3) An Additional Judge to the court of Civil Judge may be appointed from the cadre of Lower Judicial Service. (4) The court of District Judge shall include the court of Additional Judge to the Court of District Judge and the court of Civil Judge Class I or Class II shall include the court of Additional Civil Judge to that court.
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4. Civil Districts
(1) For the purposes of this Act a revenue district notified by the State Government shall also be the civil district: Provided that the State Government may, on the recommendation of the High Court, alter the limits or number of such civil districts or create new civil districts. (2) Upon the alteration of the limits or the number of civil districts or creation of new civil districts under sub-section (1), the High Court shall make such consequential orders as it may deem fit in respect of the transfer of suits, appeals and proceedings from the courts of existing districts to other courts acquiring territorial jurisdiction as a result of such alteration or creation, as also for any other matter ancillary thereto.
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5. Establishment of Civil Courts
The State Government shall establish— (a) the Court of the District Judge for each Civil District; and (b) so many Court of Additional District Judge, Civil Judges Class I and Civil Judge Class II for each civil district, as it may think fit.
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6. Original jurisdiction of Civil Courts
(1) Subject to the provisions of any law for the time being in force,— (a) the Court of the Civil Judge Class II shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 10,000; (b) the Court of the Civil Judge Class I shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 20,000; (c) the Court of the District Judge and the Court of the Additional District Judge shall have jurisdiction to hear and determine any suit or original proceeding without restriction as regards value. (2) The local limits of the jurisdiction of the Courts specified in clauses (a) and (b) of sub-section (1) shall be such as the State Government may, by notification, define. (3) Nothing in clauses (a), (b) and (c) of sub-section (1) shall affect any suit or original proceedings instituted before 26th January, 1959.
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7. Principal Civil Court of original jurisdiction
(1) The Court of the District Judge shall be the Principal Civil Court of original jurisdiction in the civil district. (2) An Additional Judge to the Court of a District Judge, an Additional District Judge and an Additional Judge to the Court of an Additional District Judge shall discharge any of the functions of a District Judge, including the functions of Principal Civil Court of original jurisdiction which the District Judge may, by general or special order, assign to him and in the discharge of such functions he shall exercise the same powers as the District Judge.
Chapter II Chapter II
8. Appointment of additional judges
(1) An Additional Judge or Judges to the Court of District Judge, Additional District Judge, Civil Judge Class I or Civil Judge Class II may, whenever it appears necessary or expedient, be appointed to the Court of District Judge or Additional District Judge or Civil Judge Class I or Civil Judge Class II, as the case may be, and such Additional Judge shall exercise the jurisdiction of the Court to which he is appointed and the powers of the Judge thereof, subject to any general or special orders of the authority by which he is appointed as to the Class or Value of the suit which he may try, hear or determine. (2) An officer may be appointed an Additional Judge of one or more Courts and an Officer who is a Judge of one court may be appointed an Additional Judge of another Court or of other Courts.
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9. Power to invest Certain Civil Courts with Small Cause Court Jurisdiction
(1) The High Court may, by a notification, invest any civil court with the powers of a court of Small Causes under the law for the time being in force in any area relating to the Court of Small Causes. Such power shall be exercisable in cases arising within the limits of the Court's jurisdiction or in any specified area within such limits. (2) The value of suits of small cause nature shall not exceed one thousand rupees in the case of the Court of a District Judge or an Additional District Judge, five hundred rupees in the case of the Court of a Civil Judge Class I and two hundred rupees in the case of the Court of a Civil Judge Class II.
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10. Exercise of Jurisdiction of District Court by Civil Judges in certain proceedings
(1) The High Court may, by general or special order, authorise any Civil Judge Class I to take cognizance of, and any District Judge to transfer to a Civil Judge Class I under his control, any proceeding or any class of proceedings, specified in such order, arising under- (a) Parts I to VIII of the Indian Succession Act, 1925 (No. XXXIX of 1925); or (b) Part IX of the Indian Succession Act, 1925 (No. XXXIX of 1925) which cannot be disposed of by District Delegates; or (c) The Guardians and Wards Act, 1890 (No. VIII of 1890); or (d) The Provincial Insolvency Act, 1920 (No. V of 1920). (2) Notwithstanding anything contained in section 388 of the Indian Succession Act, 1925 (No. XXXIX of 1925), the High Court may, by general or special order, invest any Judge inferior in grade to the District Judge with power to exercise the functions of a District Judge under Part X of that Act. (3) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a Civil Judge Class I under his control, and may either dispose it of himself or transfer it to any other competent Court. (4) Proceedings taken cognizance of by, or transferred to, a Civil Judge Class I under this section shall be disposed of by him, in accordance with the law and rules applicable to like proceedings in the Court of the District Judge.
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11. Jurisdiction under the Indian Divorce Acts
The Court of the District Judge and the Court of the Additional District Judge shall have jurisdiction to hear and determine any original proceeding under the Indian Divorce Act, 1869 (No. IV of 1869) and shall be deemed to be the District Court under that Act for the Civil District.
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12. Place of sitting of Civil Courts
(1) Every Court shall be held at such place or places as the High Court may, by notification, direct or, in the absence of any such direction, at any place within the local limits of the jurisdiction of the Court. (2) Every Additional Judge to a court established under this Act shall sit at such place or places within the local limits of the jurisdiction of the court to which he is an Additional Judge, as the High Court may direct. (3) The District Judge and other Judges of the district, may with the previous sanction of the High Court and after due notice to the parties, sit temporarily for taking up particular case or class of cases at any other place within the district.
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