Chapter II Chapter II

(1) The High Court may, by general or special order, authorize any Civil Judge (Senior Division) or Civil Judge (Junior Division) to take Cognizance of, or any Principal District judge to transfer to a Civil Judge (Senior Division) or Civil Judge (Junior Division) under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order. (2) The Proceedings referred to in sub-Section (1) are the following, namely:

The (State) Government may alter the number of Principal District judges, Civil Judge (Senior Division) and Civil Judge (Junior Division)s now fixed).

[Repealed]

(1) whenever the office of a Principal District Judge or Civil Judge (Senior Division) is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever an (an increase in the number of District or Civil Judge (Senior Division) has been made under the provisions of Section 4), the (State) Government, or as the case may be, the High Court may fill up the vacancy or appoint the District Judge or Civil Judge (Senior Division).

(2) Nothing in this section shall be construed to prevent a State Government from appointing a Principal District Judge or Civil Judge (Senior Division) to discharge for such Principal District Judge or Civil Judge (Senior Division), all or any of the functions of another Principal District Judge or Civil Judge (Senior Division), as the case may be.

[Repealed].

(1) When the business pending before any Principal District Judge requires the aid of District Judges for its speedy disposal, the (State) Government may (having consulted) with the High Court, appoint such District judges as may be requisite.

(2) District Judges so appointed shall discharge any of the functions of a Principal District Judge which the Principal District Judge may assign to them, and in the discharge of those functions they shall exercise the same powers as the Principal District judge.

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 the local limits of his jurisdiction.

(1) In the event of the death, resignation or the removal of the Principal District Judge, or of his being incapacitated; by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge, or, if an District Judge is not present at that place, the senior Civil Judge (Senior Division) present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the Principal District Judge, and shall continue in-charge there of until the office is resumed by the Principal District Judge or assumed by an officer appointed thereto.

(2) While in charge of the office of the Principal District Judge, the District Judge or Civil Judge (Senior Division), as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the Principal District Judge.

(1) In the event of the death, resignation or removal of a Civil Judge (Senior Division). or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Principal District judge may , transfer all or any of the proceedings pending in the Court of the Civil Judge (Senior Division), either to his own Court or to any Court under his administrative control competent to dispose them of.

(2) Proceedings transferred under sub-Section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred.

(3) Provided that the Principal District Judge may re-transfer to the Court of the Civil Judge (Senior Division) or his successors any proceedings transferred under Sub-section. (1) to his own or any other Court. For the purposes of proceedings which are not pending in the court of the Civil Judge (Senior Division) on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has exclusive jurisdiction, the Principal District judge may exercise all or any of the jurisdictions of that Court.

[Repealed]

(1) The State Government may, by notification in the official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act. (2) If the same local jurisdiction is assigned to two or more Civil Judge (Senior Division) or to two or more Civil Judge (Junior Division)s, the Principal District Judge may assign to each of them such civil business cognizable by the Civil Judge (Senior Division) or Civil Judge (Junior Division) as the case may be, as subject to any general or special order of the High Court, he thinks fit. (3) When civil business arising in any local area is assigned by the Principal District Judge under sub-Section (2), to one of two or more Civil Judge (Senior Division) or to one of two or more Civil Judge (Junior Division), a decree or order passed by the Civil Judge (Senior Division) or Civil Judge (Junior Division) 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 the local area if that place is within the local limits fixed by the (State) Government under sub-Section (1). (4) A Judge of a Court of Small Causes appointed be also Civil Judge (Senior Division) or Civil Judge (Junior Division) is a Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, within the meaning of this section. (5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.

(1) The State Government may, by notification in the Official Gazette, fix or alter the place or places, at which any Civil Court under this Act is to be held. (2) All places at which any such courts are now held shall be deemed to have been fixed under this section.

(1) Subject to such orders as may be made by the State Government the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts. (2) The list shall be published in the official Gazette. (3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.

Every Civil courts under this Act shall use a seal of such form and dimensions as are prescribed by the (State) Government.

(1) Where any Civil Court under this Act has for any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that court had not ceased to have jurisdiction, might have been, had therein may be had in the Court to which the business of the former Court has been transferred. (2) Nothing in this section applies to cases for which provision is made (in Sections. 36, 37 and 114 of, and Rule. 1 of Order XLVII to Schedule 1 to the Code of Civil procedure, 1908) or in any other enactment for the time being in force.