Chapter V MISCELLANEOUS.

With effect on and from the appointed day the Bombay Civil Courts Act, 1869, and the Provincial Small Cause Courts Act, 1887, and all rules, notifications and orders made thereunder shall cease to apply to, or be in force in the City of Ahmedabad, and the provisions of the Bombay General Clauses Act, 1904, shall, save as otherwise expressly provided in this Act, apply to such cesser as if it were a repeal of an enactment: Provided that the said Bombay Civil Courts Act, 1869 and the Provincial Small Cause Courts Act, 1887 and all rules, notifications and orders made thereunder shall— (a) with effect on and from the specified date cease to apply to or be in force in those areas of the City of Ahmedabad as constituted under the Corporations Act which were included therein under the said Act, after the appointed day, but before the specified date; (b) with effect on and from the date of inclusion in, or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2 of any area by notification issued under the proviso to that clause, cease to apply to or be in force in the areas so included in the said City, or apply to or be in force in the areas so excluded from the said City, by such notification : Provided further that the provisions of the Bombay General Clauses Act, 1904, shall save as otherwise expressly provided in this Act, apply to such cesser in any area as aforesaid as if it were a repeal of an enactment.

(1) All suits and proceedings cognizable by the City Court and pending immediately before the appointed day in the District Court or the Court of a Civil Judge shall stand transferred to the City Court. (2) All suits and proceedings pending immediately before the appointed day in the Court of Small Causes, Ahmedabad, constituted under the Provincial Small Cause Courts Act, 1887, shall- (i) if they are cognizable by the Court of Small Causes of Ahmedabad constituted under the Presidency Small Cause Courts Act, 1882, stand transferred to that court and (ii) if not so cognizable be transferred to the court competent to take cognizance of such suits or proceedings. (3) All criminal proceedings cognizable by the Court of Session for the City of Ahmedabad and pending in the Court of Session at Ahmedabad as constituted immediately before the appointed day shall stand transferred to the Court of Session for the City of Ahmedabad. (4) All criminal proceedings pending before any Magistrate and cognizable by a Magistrate appointed under section 14 shall stand transferred to the Chief Magistrate appointed under that section. (5) An appeal or revision application against any judgement, decision, decree or order passed before the appointed day by a Court in the exercise of jurisdiction over the area within the limits of the City of Ahmedabad,— (i) if it was pending immediately before the appointed day in a competent Court, shall stand transferred to the Court corresponding to the competent Court, and (ii) if before the appointed day it has not been preferred within the period of limitation to a competent Court, shall lie within that period to the Court corresponding to the competent Court. (6) A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court as if it were the Court from which such proceeding, appeal or revision application was so transferred. (7) All applications for the execution or enforcement of a decree or order made before the appointed day by any court which has been superseded or has ceased to exist by virtue of the provisions of this Act, and all other applications arising out of the said decree or order shall be made to and disposed of by the City Court. Explanation. - For the purpose of sub-section (5), "competent Court" means the District Court, the Court of Civil Judge or the Court of Session at Ahmedabad functioning before the appointed day and the City Court shall be a Court corresponding to the said District Court or the Court of Civil Judge and the Court of Session for the City of Ahmedabad shall be a Court corresponding to the said Court of Session at Ahmedabad.

The Bombay Pleaders Act, 1920, and the Code of Civil Procedure, 1908, shall in their application to the City of Ahmedabad stand amended in the manner and to the extent specified in the Schedule.

Except where the context otherwise requires, any reference to the City of Ahmedabad in any law for the time being in force other than the Corporations Act shall, in so far as such law relates to the jurisdiction, powers and procedure of civil courts within the limits of the City of Ahmedabad, be deemed to be a reference to the City of Ahmedabad as defined in clause (2) of section 2.

(1) All suits and proceedings (other than appeals or revision applications) cognizable by the City Court which may be pending immediately before the specified date or as the case may be, the date of inclusion in the City of Ahmedabad, of any area by a notification under the proviso to clause (2) of section 2 (hereinafter in this section referred to as "the date of inclusion") in a District Court or the court of a Civil Judge shall stand transferred to the City Court. (2) All suits and proceedings cognizable by the Small Cause Court which may be pending immediately before the specified date or, as the case may be, the date of inclusion, in the Court of a Civil Judge shall stand transferred to the Small Cause Court. (3) An appeal or revision application against any judgment, decision, decree or order passed before the specified date or as the case may be, the date of inclusion by a Civil Court in the exercise of jurisdiction over any area within the limits of the City of Ahmedabad as defined in clause (2) of section 2 as amended by the Amending Act shall- (i) if it was pending immediately before the specified date or, as the case may be, the date of inclusion in any District Court or Court of any Civil Judge other than City Court, stand transferred to the City Court, and (ii) if before the specified date or, as the case may be, the date of inclusion it has not been preferred within the period of limitation to a competent Court, lie within that period to the City Court. (4) A proceeding, appeal or revision application transferred to any court

(1) All suits and proceedings of a civil nature which may be pending in the City Court or the Small Cause Court immediately before the date of exclusion of any area from the City of Ahmedabad as defined in clause (2) of section 2 by a notification under the proviso to that clause ( hereinafter in this section referred to as "the date of exclusion") but which would, after such date of exclusion, become cognizable by a District Court, a Court of Civil Judge or the Small Cause Court as a result of the exclusion of such area from the City of Ahmedabad as so defined shall stand transferred to such District Court or, such Court of the Civil Judge, or as the case may be, Small Cause Court.

(2) A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court, as if it were the court from which such proceeding, or appeal or revision application was so transferred.

For the removal of doubts it is hereby declared that the Court established for the City of Ahmedabad under section 3 shall be deemed to be a Court established for the City of Ahmedabad as defined in clause (2) of section 2 as amended by the Amending Act and that the Judges of the said Court, appointed as such Judges and holding office as such immediately before the specified date shall be deemed to have been appointed for the City of Ahmedabad so defined.