Chapter V MISCELLANEOUS PROVISIONS

P.

Temporary vacancy in the office of the Principal District Judge.-In the

and the like; and shall further have power and jurisdiction to dispose of emergent interlocutory matters of such nature, as the High Court may by rules prescribe and the Judge so incharge shall continue in such charge until the office of the Principal District Judge has been resumed or assumed by an officer duly appointed thereto.

Any Principal District

Judge leaving the headquarters and proceeding on duty to any place within his District,

may delegate to the senior most Additional Judge of his Court at the headquarter or where

there is no Additional Judge, to a Civil Judge at the headquarters, the powers of performing

such duties as may be emergent and of disposing of any emergent matters as may be

specified under Section 18 and such Judge shall be deemed to be a judge in charge of the Court of the Principal District Judge.

Act throughout any local area is transferred or posted to an equal or higher office of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

1. (1) Subject to the approval of the State Government, the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts subordinate thereto.
2. (2) The list shall be published in the Official Gazette.
3. (3) A judicial act done by a Court on a day specified in a 1ist published under sub- section (2) shall not be invalid by reason only of its having been done on that day.
4. (4) The Principal District Judge may make such arrangements, as he may deem fit, for disposal of urgent civil matters during such vacation.

Every Civil Court shall use a seal of such form and dimensions as the State Government may prescribe on all processes and orders issued, and on all decrees passed, by it .

1. (1) The High Court may, from time to time, make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters-
   • (a) supervision and inspection of all Courts subordinate to i t ;
   • (b) fees to be charged for processes issued by Civil Courts, or by any officer of

any such Court and the fee payable in any suit or proceeding in any such Court

by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceeding;

1. (c) the manner in which proceedings of Civil Courts shall be kept and recorded,

the manner in which paper books for the hearing of appeals may be prepared

and the grant of copies;

1. (d) matters relating to officers of Courts;
2. (e) persons who shall be permitted to act as petition writers in the Courts subordinate

rules shall be investigated and the penalties which may be imposed on them;

1. (j) prescribing the principles for guidance of a D is tri ct Judge for distribution of civil business amongst Courts in his civil district;
2. (g) emergent matters which a Judge incharge of District Court under Section 18 shall have a power and jurisdiction to dispose of.

The Central Provinces and Berar Courts Act, 1917 (

region, are hereby repealed:

Provided that the repeal of the enactments aforesaid shall not affect—

1. (a) the previous operation thereof; or
2. (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
3. (c) any investigation, legal proceeding or , remedy in respect of any such

punishment; and any such investigation, legal proceeding or remedy may

be instituted, continued, or enforced, and any such penalty, forfeiture or

punishment may be imposed as if this Act had not been passed:

Provided further that all appointments, rules and orders made, jurisdiction and powers conferred under any of the repealed enactments or purporting expressly or implied to have been so made or conferred, shall be deemed

to have been respectively made and conferred under the corresponding provisions

of this Act.

1. (1) all existing Courts of District Judges and Additional District Judges shall respectively be deemed to be the Courts of D is tri ct Judges and Additional D is tri ct Judges established under this Act;
2. (2) all existing Courts of Munsiffs in the Vindhya Pradesh, Bhopal and Sironj

As from the date of the commencement of this Act,- regions and of Civil Judges of the Second Class in the Madhya Bharat region

shall be deemed to be the Courts of Civil Judge Class II established under this Act;

1. (3) all existing Courts of Civil Judges of the First Class in the Madhya Bharat

1. (4) all existing Courts of Civil Judges in the Mahakoshal region shall be deemed

to be the Courts of Civil Judge Class II established under this Act except

such of these Courts as may be specified by the State Government by a notification to be the Courts of Civil Judges Class I.

Explanation— In this section “existing Court’ means a Court established under

any of the enactments repealed by Section 24 and functioning immediately before the commencement of this Act.

In every enactment passed before the commencement of this Act— (i)

1. (ii) any reference to a Civil Judge where no class is specified shall in relation to the Mahakoshal region be deemed to be a reference to the Court of Civil Judge Class II established or deemed to be established under this Act.

Every suit or other proceeding pending

before any of the existing Courts immediately before the commencement of this Act shall on such commencements stand transferred to the Court having jurisdiction under the

provisions of this Act and if there are more than one Court having such jurisdiction, to the

proceed to try, hear and determine the matter as if it had been pending in that Court.

27-A. Removal of difficulty.—If any difficulty arises in giving effect to the provisions of the Madhya Pradesh Civil Courts (Amendment) Act, 1982, the High Court

may, from time to time, issue such orders and directions not inconsistent with the

provisions of the aforesaid Amendment Act, or transfer such cases from one Court to the other as it may deem fit.

the extent specified in column (2) thereof.