THE MADHYA PRADESH CIVIL COURTS ACT, 1958
Chapter II CONSTITUTION OF CIVIL COURTS
Chapter II CONSTITUTION OF CIVIL COURTS
3. Classes of Civil Courts
(1) In addition to the Courts established under any other law for the time being in force, there shall be the following classes of Courts, namely:-
- (1) The Court of the Principal District Judge; (2)[xxx]
- (3) the Court of the Civil Judge, Senior Division; and
- (4) the Court of the Civil Judge, Junior Division.
- (2) Every Court of the Principal District Judge shall be presided over by a Principal District Judge to be appointed by the High Court and the High Court may also appoint District Judges from the cadre of Higher Judicial Service to exercise jurisdiction in the Court of the Principal District Judge .
- (3) An Additional Judge to the Court of Civil Judge may be appointed from the cadre of Lower Judicial Service.
- (4) The Court of District Judge shall include the Court of District Judge and the Court of Civil Judge, Senior Division or Class II shall include the Court of Additional Civil Judge to that Court.
Chapter II CONSTITUTION OF CIVIL COURTS
4. Civil Districts .
( 1) For the purposes of this Act, a revenue district notified by the State Government shall also be the civil district: Provided that the State Government may, on the recommendation of the High
Court, alter the limits or number of such civil districts or create new civil districts .
- (2) Upon the alteration of the limits or the number of civil districts or creation of new civil districts under sub-section (1), the High Court shall make such consequential orders as it may deem fit in respect of the transfer of suits, appeals and proceedings from
Chapter II CONSTITUTION OF CIVIL COURTS
5. Establishment of Civil Courts— The State Government shall establish
- (a) the Court of the Principal District Judge for each Civil District; and
- (b) so many Courts of D is tri ct Judge Civil Judges Class I and Civil Judge, Junior Division for each civil district, as it may think fit.
Chapter II CONSTITUTION OF CIVIL COURTS
6. Original Jurisdiction of Civil Courts .
- (1) Subject to the provisions of any law for the time being in force, —
- (a) the Court of the Civil Judge Class II shall have jurisdiction to hear and determine
any suit or original proceeding of a value not exceeding Rs. 5,00, 000;
- (b) the Court of the Civil Judge Class I shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs.1,00,00,000 ;
- (c) the Court of the Principal District Judge [x x x] shall have jurisdiction to hear
and determine any suit or original proceeding without restriction as regards value.
- (2) The local limits of the jurisdiction of the Courts specified in clauses (a) and (b)
of sub-section (1) shall be such as the State Government may, by notification,
define.
- (3) Nothing in clauses (a), (b) and (c) of sub-section (1) shall affect any suit or original proceeding instituted before 26th January, 1979.
Chapter II CONSTITUTION OF CIVIL COURTS
7. Principal Civil Courts of original jurisdiction.
- (1) The Court of the Principal District Judge shall be the Principal Civil Court of original jurisdiction in the civil district.
- (2) District Judge shall discharge any of the functions of a Principal District Judge, including the functions of Principal Civil Court of original jurisdiction which the Principal
District Judge may, by general or special order, assign to him and in the discharge of such
functions he shall exercise the same powers as the Principal District Judge.
Chapter II CONSTITUTION OF CIVIL COURTS
8. Appointment of additional Judges.
- (1) An Additional Judge or Judges to the
the Court of Principal District Judge or District Judge or Civil Judge Class I or Civil Judge, Junior Division, as the case may be, and such Additional Judge shall exercise
- (2) An officer may be appointed an Additional Judge of one or more Courts and an
Chapter II CONSTITUTION OF CIVIL COURTS
9. Officer who is a Judge of one Court may be appointed an Additional Judge of another Court or of other Courts.
Power to invest certain Civil Courts with Small Cause Court jurisdiction.-(1)
The High Court may, by a notification, invest any civil Court with the powers of a Court of
jurisdiction or in any specified area within such limits .
- (2) The value of suits of s mall cause nature shall not exceed one thou s and rupees in the case of the Court of a District Judge, five hundred rupees in the case of the Court of a
Chapter II CONSTITUTION OF CIVIL COURTS
10. Civil Judge, Senior Division and two hundred rupees in the case of the Court of a Civil Judge, Junior Division.
Exercise of jurisdiction of District Court by Civil Judges in certain
proceedings.— The High Court may, by general or special order, authorise any Civil Judge, Senior Division to take cognizance of, and any Principal District Judge to transfer to a Civil Judge, Junior Division under his control, any proceeding or any class of proceedings, specified in such order, arising under—
- (a) Parts I to V III of the Indian Succession Act, 1925 ( No. XXXIX of 1925); or
- (b) Part IX of the Indian Success ion Act, 1925 ( No. XXXIX of 1925) which cannot be disposed of by District Delegates ; or
- (c) the Guardians and Wards Act, 1890 ( No. V III of 1890); or
- (d) the Provincial Insolvency Act, 1920 ( No. V of 1920).
- (2) Notwithstanding anything contained in Section 388 of the Indian Succession Act, 1925 (No. XXXIX of 1925), the High Court may, by general or special order, invest any
Judge Inferior in grade to the Principal District Judge with power to exercise the functions
of a Principal District Judge under Part X of that Act.
- (3) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a Civil Judge Class I under his control, and may either dispose it of himself or transfer it to any other competent Court.
- (4) Proceedings taken cognizance of by, or transferred to, a Civil Judge, Senior Division under this section shall be disposed of by him, in accordance with the law and rules applicable to like proceedings in the Court of the Principal District Judge.
Chapter II CONSTITUTION OF CIVIL COURTS
11. Jurisdiction under the Indian Divorce Act.
the Indian Divorce Act, 1869 (No. IV of 1869) and shall be deemed to be the District Court
under that Act for the Civil District.
Chapter II CONSTITUTION OF CIVIL COURTS
12. Place of sitting of Civil Courts.
- (1) Every Court shall be held at such place or places as the High Court may, by notification, direct or, in the absence of any such
direction, at any place within the local limits of the jurisdiction of the Court.
- (2) Every Additional Judge to a Court established under this Act shall sit at such place or places within the local limits of the jurisdiction of the Court to which he is an Additional Judge, as the High Court may direct.
- (3) The District Judge and other Judges of the district, may with the previous
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