Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS

In addition to the courts established under any other law for the time being in force, there shall be following classes of civil courts in the State, namely :-

(a) court of a District Judge; (b) court of a Senior Civil Judge; (c) court of a Civil Judge.

(1) There shall be established by the State Government, in consultation with the High Court, by notification, in each district, a court of a District Judge.

(2) Each court of a District Judge shall be presided over by a Judge to be called the Principal District Judge.

(3) (i) When the business pending before a court of a District Judge so requires, the State Government may, in consultation with the High Court, appoint to that court one or more judges to be called as Additional District Judges, for such period as it deems necessary.

(ii) The Additional District Judge appointed under this sub-section shall, subject to the general or special orders of the High Court, discharge all or any of the functions of a District Judge under this Act or any other law for the time being in force which the Principal District Judge may assign to him and in the discharge of those functions, he shall exercise all the powers of the court of a District Judge.

(1) There shall be established by the State Government, in consultation with the High Court, by notification, in each district, a court of Senior Civil Judge :

Provided that the State Government may, in consultation with the High Court establish a court of a Senior Civil Judge for a part of a district and specify the local limits of its jurisdiction.

(2) Each court of a Senior Civil Judge shall be presided over by a judge to be called as Principal Senior Civil Judge.

(3) (i) When the business pending before a court of a Senior Civil Judge so requires, the Government may, in consultation with the High Court, fix by notification, the number of judges to be called as Additional Senior Civil Judges, for such period as it deems necessary.

(ii) An Additional Senior Civil Judge so appointed shall, subject to the general or special orders of the Principal District Judge, discharge all functions of a Senior Civil Judge under this Act or any other law for the time being in force which the Principal Senior Civil Judge may assign to him and in the discharge of those functions he shall exercise all the powers of Senior Civil Judge .

(1) There shall be established by the State Government, by notification, in each district such number of courts of Civil Judges as may be fixed by the State Government in consultation with the High Court and specify the local limits of jurisdiction of each such court.

(2) Each court of a Civil Judge shall be presided over by a Judge to be called as Principal Civil Judge.

(3) (i) When the business pending before a court of Civil Judge so requires, the State Government may, in consultation with the High Court, appoint to that court one or more Judges to be called as Additional Civil Judges for such period as it deems necessary.

(ii) An Additional Civil Judge so appointed shall, subject to the general or special orders of the Principal District Judge, discharge all the functions of a Civil Judge under this Act or any other law for the time being in force which the Principal Civil Judge may assign to him and in the discharge of those functions he shall exercise all the powers of a Civil Judge.

(1) The place or places, at which every civil court under this Act shall be held, shall be fixed, and may from time to time, be altered by the State Government, in consultation with the High Court. (2) The place or places so fixed for a civil court under sub-section (1) may be within or outside the local limits of the jurisdiction of that court.

Every civil court under this Act shall use a seal which shall bear thereon the State Emblem and shall be, in such form, of such dimensions and with the name of the court in such language or languages, as the High Court may, in consultation with the State Government, by order, determine.

(1) The Courts of District Judges, existing immediately prior to the appointed date, shall, with effect from the appointed date, be deemed to be Courts of District Judges established under this Act. (2) The Courts of Civil Judge (Senior Division), existing immediately prior to the appointed date shall, with effect from the appointed date, be deemed to be Courts of Senior Civil Judges established under this Act. (3) The Courts of Civil Judge (Junior Division) existing immediately prior to the appointed date shall, with effect from the appointed date, be deemed to be Courts of Civil Judges established under this Act. (4) The place at which a civil court deemed to be established under sub- sections (1) to (3) is being held immediately prior to the appointed date shall be deemed to be the place fixed under said sub-section (1) of section 7. (5) The seal in use, in a civil court deemed to be determined under sub- sections (1) to (3), immediately prior to the appointed date may continue to be used until an order is made by the High Court under section 8.

(1) No person other than a person belonging to the cadre of District Judge in the judicial service of the State of Gujarat shall be eligible to be posted as a Principal District Judge or as an Additional District Judge.

(2) No person other than a person belonging to the cadre of Senior Civil Judge in the judicial service of the State of Gujarat shall be eligible to be posted as a Principal Senior Civil Judge or as an Additional Senior Civil Judge.

(3) No person other than a person belonging to the cadre of Civil Judge in the judicial service of the State of Gujarat shall be eligible to be posted as a Principal Civil Judge or as an Additional Civil Judge.