Chapter IV MISCELLANEOUS

(1) In the event of the death, suspension, resignation or removal of the District Judge, or of his being incapacitated from performing his duties by illness or otherwise or of his absence on leave or for any other reason from the place in which his Court is held, the Senior Additional District Judge or the Additional District Judge, as the case may be, or if there be no Additional District Judge, the Senior Civil Judge of the Court at that place if there be only one, and if there be more than one, the Principal Senior Civil Judge and if such Principal Senior Civil Judge is absent, the Additional Senior Civil Judge present thereof, shall, without relinquishing his ordinary duties, assume charge of the District Court and shall continue in charge thereof until the same is assumed by the District Judge or by a Judge duly appointed thereto.

(2) While in charge of the District Court, under sub-section (1), the Senior Additional District Judge, the Additional District Judge, the Principal Senior Civil Judge, the Additional Senior Civil Judge or the Senior Civil Judge, as the case may be, shall, subject to the general or special orders of the High Court issued in this behalf, exercise all the powers and perform all the duties of the District Judge.

(1) In the event of the death, suspension, resignation or removal of a Senior Civil Judge or Civil Judge or of his being incapacitated by illness or otherwise from performing his duties or of his absence on leave or for any other reason from the place at which the court is held, the District Judge may, subject to the general or special orders of the High Court, withdraw any of the proceedings in the court of such Senior Civil Judge or Civil Judge to his own court or transfer them to any other court under his administrative control, competent to dispose them. (2) Proceedings withdrawn or transferred under sub-section (1) shall be disposed of as if they had been instituted in the court to which they had been so withdrawn or transferred. (3) The District Judge may re-transfer to the Court of Senior Civil Judge or Civil Judge any proceedings withdrawn or transferred under sub-section (1) to his own or any other court. (4) For the purpose of proceedings which are not pending in the Court of a Senior Civil Judge or Civil Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that court has exclusive jurisdiction, the District Judge may exercise all or any of the powers and jurisdiction of that Court.

(1) The High Court may, after previous publication, by notification, make rules consistent with this Act and any other law for the time being in force,— (a) prescribing the manner in which the proceedings of each Civil Court shall be kept and recorded; (b) regulating the grant of copies of papers in Civil Courts; (c) regulating the duties and functions of the ministerial officers of Civil Courts; (d) declaring what persons shall be permitted to act as petition-writers in the Civil Courts, and regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (e) providing a penalty of such amount not exceeding fifty rupees for breach of any of the rules made under clause (d); (f) determining the authority by which such breaches of the rules shall be investigated and the penalties imposed. (2) Every penalty imposed under a rule made under sub-section (1) shall be recovered as if it were a fine imposed by a Magistrate in the exercise of his ordinary jurisdiction.

(1) The Civil Courts in the State or in any area of the State shall be closed on such days as may be notified by the State Government as public holidays for the whole State or for such area in the State. (2) The Civil Courts shall have three vacations in each year, namely, Summer, Dasara and Winter, and the total number of the said three vacations shall not exceed sixty days and the High Court shall fix the period of each vacation. (3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act 5 of 1908),— (a) the High Court, may, where there are more than one District Judge in any District Court, designate by notification any one of those District Judges as the Vacation District Judge for the duration of the adjournment of any District Court in any vacation or of any part thereof; (b) where there is only one District Judge in any district, the High Court may, by notification, designate such District Judge or appoint a Senior Civil Judge in the district as the Vacation District Judge or the Vacation Senior Civil Judge, as the case may be, of the District Court thereof for the duration of the adjournment of such District court in any Vacation or of any part thereof. The High Court may regulate, by special or general order, work to be discharged by the Vacation Senior Civil Judge or the vacation District Judge. (4) (a) The local limits of the jurisdiction of the Vacation District Judge or Vacation Senior Civil Judge shall be the same as those of the District Court concerned. (b) The jurisdiction of the Vacation Senior Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by any Civil Court (whether a District Court, a Court of a Senior Civil Judge or a court of a Civil Judge in the District concerned when such Court is adjourned for any Vacation. (5) The place at which the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation District Judge or the Vacation Senior Civil Judge shall have such administrative control over the staff of the several Civil Courts in the District, as the High Court may, by general or special order determine. (6) Notwithstanding the appointment of the Vacation District Judge or the Vacation Senior Civil Judge, every Civil Court in the District shall, during the period it is adjourned for any vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963). (7) On the reopening of the District Court, a Court of a Senior Civil Judge or a Court of a Civil Judge after any vacation, all suits, appeals and other proceedings pending in the Court of the Vacation District Judge or Vacation Senior Civil Judge which, but for this section, would have been instituted or pending in such District Court, Court of a Senior Civil Judge or Court of a Civil Judge, as the case may be, shall stand transferred to such District Court, Court of a Senior Civil Judge or Court of Civil Judge, and any decree, order or proceeding passed by the Vacation District Judge or the Vacation Senior Civil Judge shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned. (8) Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall, when such appeal is allowed by law, lie to the High Court. ...the period it is adjourned for any vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963).

(7) On the reopening of the District Court, a Court of a Senior Civil Judge or a Court of a Civil Judge after any vacation, all suits, appeals and other proceedings pending in the Court of the Vacation District Judge or Vacation Senior Civil Judge which, but for this section, would have been instituted or pending in such District Court, Court of a Senior Civil Judge or Court of a Civil Judge, as the case may be, shall stand transferred to such District Court, Court of a Senior Civil Judge or Court of Civil Judge, and any decree, order or proceeding passed by the Vacation District Judge or the Vacation Senior Civil Judge shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned.

(8) Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall, when such appeal is allowed by law, lie to the High Court.

(1) On and from the appointed day the enactments specified in the Schedule to this Act shall stand repealed:

Provided that such repeal shall not affect the previous operation of the enactments so repealed and anything done or any action taken (including the districts formed, limits defined, Courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdictions defined or vested and notifications or notices issued by or under the provisions thereof) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.

(1A) Notwithstanding anything in sub-section (1) or in any other law, any reference in any law or instrument to a Civil Court shall be deemed to be a reference to the corresponding Civil Court deemed to be established under this Act as specified in section 12 or to such Civil Court established under this Act, as the case may be.

(2) Notwithstanding anything in sub-section (1) or any other provision of this Act or in any enactment repealed by sub-section (1) or in any other law or provision having the force of law,—

(a) all suits and proceedings (other than appeals and proceedings connected therewith) pending before any Court which under this Act have to be instituted or commenced in another Court, shall, on the appointed day, stand transferred to such other Court, and shall be continued and disposed of by such other Court in accordance with law as if such suits and proceedings had been instituted or commenced in such other Court;

(b) in respect of suits and proceedings referred to in clause (a),—

(i) of which the amount or value of the subject matter does not exceed ten thousand rupees, no appeal shall lie to the District Court but shall lie to the Civil Judge;

(ii) of which the amount or value of the subject matter exceeds ten thousand rupees but is less than twenty thousand rupees, no appeal shall lie to the High Court but shall lie to the District Court;

(c) appeals and proceedings connected therewith, pending before the High Court which under this Act have to be preferred to a Court of Civil Judge or District Court, shall, save in the cases specified in clause (d), on the appointed day, stand transferred to the Court of the Civil Judge or the District Court, as the case may be, and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court of the Civil Judge or the District Court;

(d) appeals and proceedings connected therewith pending before the High Court from the decrees and orders passed by a Subordinate Judge or a Civil Judge in the Mysore Area, or a Subordinate Judge in the Gulbarga Area and Mangalore and Kollegal Area, in original suits and proceedings of a civil nature of which the amount or value of the subject matter is less than twenty thousand rupees, shall stand transferred to the District Court and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;

(e) appeals and proceedings connected therewith pending before a District Court from the decrees or orders passed by a Munsiff in the Gulbarga Area and the Coorg District or a District Munsiff in the Mangalore and Kollegal Area shall, on the appointed day, stand transferred to the Court of the Civil Judge and shall be disposed of by such court in accordance with law as if such appeals or proceedings had been preferred to such Court;

(ee) appeals and proceedings connected therewith pending before a District Court from the decrees and orders passed by a Civil Judge (Junior Division), other than a Joint Civil Judge (Junior Division) appointed or deputed to assist in the Court of a Civil Judge (Senior Division) under section 23 of the Bombay Civil Courts Act, 1869, shall, on the date of commencement of the Karnataka Civil Courts (Amendment) Act, 1965, stand transferred to the Court of the Civil Judge, and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;

(f) in respect of all suits or proceedings disposed of before the appointed day by,—

(i) a Munsiff in the Mysore Area, Gulbarga Area and Coorg District,

(ii) a District Munsif in the Mangalore and Kollegal Area; and

(iii) a Civil Judge (Junior Division) in the Belgaum Area,

no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge under this Act;

(g) in respect of all suits or proceedings disposed of before the appointed day, by a Subordinate Judge in the Mysore Area, no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge;

(h) in respect of all suits or proceedings disposed of before the appointed day of which the amount or value of the subject matter does not exceed ten thousand rupees by a Subordinate Judge in the Gulbarga Area or the Mangalore and Kollegal Area, no appeal shall lie to the Court of the Civil Judge but an appeal shall lie to the District Court;

(i) in respect of all suits or proceedings disposed of before the appointed day of which the amount or value exceeds ten thousand rupees but is less than twenty thousand rupees,-

(i) by any Court other than a District Court, no appeal shall lie to the High Court, but an appeal shall lie to the District Court; and

(ii) by a District Court, an appeal shall lie to the High Court;

(j) if in respect of any suit or proceedings disposed of before the appointed day, an appeal lies to the District Court instead of an appeal to the High Court, the period of limitation for preferring the appeal to the District Court shall be the same as for preferring the appeal to the High Court.

(3) If there be any doubt as to which Court any suit, appeal or proceeding shall stand transferred or as to which Court any appeal shall be preferred in accordance with the provisions of sub-section (2) the Court designated by the High Court shall be the Court to which such suit, appeal or proceeding shall be transferred or such appeal shall be preferred, and the decision of the High Court shall be final.

In any law or rule, notification or order in force, for the expressions in column (1) below, the expressions in the corresponding entry in column (2) shall be substituted:—

Column (1) | Column (2) Civil Judge (Senior Division) ... Civil Judge. Subordinate Judge ... Civil Judge. Civil Judge (Junior Division) ... Munsiff. District Munsiff ... Munsiff.