Vidhi Codex

The Tamil Nadu Village Courts Act, 1888

The Tamil Nadu Village Courts Act, 1888

Civil188894 sections9 chapters

This Act provides for village courts in Tamil Nadu to try small civil suits locally. It provides for establishing village courts, appointing, suspending and removing village munsifs and judges, and constituting panchayat courts. It also covers the transfer of suits and the handling of pending suits and decrees.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Repealed]
  3. 3Repealed by section 3 (2) of the Repealing and Amending Act, 1901 (Central Act XI of 1901).
  4. 4Procedure for suits and decrees pending in area withdrawn from Act
  5. 5Such suits shall be tried and such decrees shall be executed as suits instituted in, and decrees passed by, such civil court.

Chapter II ESTABLISHMENT AND CONSTITUTION OF VILLAGE COURTS →

  1. 6Establishment of village courts
  2. 7Appointment of village munsif
  3. 8Suspension or removal of village munsif
  4. 8AThe decision of the Board of Revenue or High Court, as the case may be, on all such appeals shall be final.
  5. 9Constitution of panchayat courts : term of members : election of president : quorum : State Government's power to disestablish panchayat courts
  6. 9AProvided that in the case of equality of votes the president shall have [and exercise] a casting vote.
  7. 9BTransfer of criminal cases and proceedings
  8. 10The provisions of section 9-A shall, so far as may be, apply to criminal cases or proceedings pending before a panchayat court or courts in lieu of which a panchayat court is newly established.
  9. 11Village servant to serve summonses, etc
  10. 12Collector may appoint any person in lieu of, or in addition to, village karnam and village servant

Chapter III JURISDICTION, RES JUDICATA AND LIMITATION →

  1. 13Cognizance of suits by village courts
  2. 15Omitted] Omitted.
  3. 16Suit in which village munsif is personally interested : suit in which a member is personally interested
  4. 17Res judicata
  5. 18Suit to include whole claim : relinquishment of part of claim
  6. 19Incidental determination of matters not cognizable by village courts
  7. 20Limitation
  8. 20ASuit triable by a village court ; cost of suits tried by District Munsif
  9. 21Transfer of suits ; stay of proceedings by District Munsif

Chapter IV NO TITLE →

  1. 22Suit to be commenced by plaint
  2. 23One copy shall be delivered or affixed as hereinafter provided together with the copy of the summons.
  3. 24Appearance in person or by agent
  4. 25Summons to defendant how served
  5. 26Mode of service when defendant evades service
  6. 27Mode of service upon defendant beyond local jurisdiction of court
  7. 28Such report shall be prima facie evidence of the facts stated therein.
  8. 29Process to be served at expense of party issuing
  9. 30Procedure where plaintiff does not appear and defendant does not admit claim or where summons is not served through plaintiff’s default
  10. 31Procedure where plaintiff does not appear and defendant admits claim
  11. 32Setting aside order under section 30 or 31 on cause shown
  12. 33Setting aside ex parte decree against defendant
  13. 34No decree to be set aside without notice to opposite party

Chapter V Chapter V →

  1. 35Procedure on appearance of both parties
  2. 36If he does not admit the claim, he shall be required to state his objections either orally or in writing, and the court may, if it thinks fit, adjourn the case to enable him to file a written statement.
  3. 37When suit may be settled by oath
  4. 38Set-off
  5. 39If such set-off is established, the decree shall be for any sum which finally appears to be due to either party.
  6. 40Summons to witnesses, how served ; interrogatories, when to issue
  7. 41Summons to appear and give evidence or produce documents
  8. 42Exemption of certain women and other persons from personal appearance
  9. 43Examination of witnesses
  10. 44Adjournment in view to amicable settlement or for other cause

Chapter VI NO TITLE →

  1. 45On conclusion of hearing, court to pass decree
  2. 46Contents of decree
  3. 46AA copy of the decree shall then be delivered to each party in the prescribed manner.
  4. 47Decree may award interest or order payment by instalments
  5. 48When a village court decrees the payment of a sum of money, it may direct that it be paid by instalments, with or without interest at the above rate.
  6. 49Decree for specific movable, how executed
  7. 50If the seizure of the property be not practicable, the decree shall be executed by enforcing payment of the sum decreed as an alternative.
  8. 51Judgment-debtor not to be arrested nor immovable property attached
  9. 52Attachment of movable property
  10. 53Attachment of movable property : how made if in possession of judgment-debtor
  11. 53AOn default the decree may be executed against the surety to the value of the property not produced.
  12. 54Attachment of movable property : how made if not in possession of judgment-debtor
  13. 55Debts, how attached
  14. 56Nothing in this section shall be held to authorize a village court to attach or sell a debt charged on immovable property.
  15. 57Investigation of claims to attached property
  16. 58Property to be sold not less than 15 days after attachment and sale to be proclaimed
  17. 59In such case the court shall hold the sale-proceeds subject to the provisions hereinafter made for payment of moneys attached in execution of decrees.
  18. 60Any loss on resale shall, at the instance of either the judgment-creditor or judgment-debtor, be recoverable from the defaulter as if a decree had been passed against him for the same.
  19. 61Village munsif and other officers not to bid for or buy property sold
  20. 62Stoppage of sale on tender of debt and costs
  21. 63Division of proceeds of sale
  22. 64Any surplus which may remain shall be paid to the judgment-debtor.
  23. 65In other cases how property delivered to purchaser
  24. 66Transmission of decree and execution of transmitted decree
  25. 67District Munsif may withdraw execution of any decree
  26. 67AOrders of the District Munsif relating to attachment or sale of movable property not appealable

Chapter VII MISCELLANEOUS →

  1. 68If, on death of party to suit, application is made, legal representative of deceased may be entered on record
  2. 69If no application is made, suit to be dismissed
  3. 70If more than one plaintiff or defendant, suit to proceed at instance of or against survivor
  4. 71If decree-holder dies, his legal representative may be substituted
  5. 72If judgment-debtor dies, decree may be executed against his legal representative
  6. 73Revision by District Munsif of village court's proceedings
  7. 74Except as provided in this section, every decree and order of a village court shall be final.
  8. 75Power of High Court to prescribe forms and of District Judge and District Munsif to inspect records

Chapter VIII CRIMINAL JURISDICTION →

  1. 76State Government may empower panchayat courts to take cognizance of and try certain offences
  2. 77Applicability of certain sections of the Code of Criminal Procedure to court

Chapter IX POWER TO MAKE RULES →

  1. 78Power to make rules

PDF: pending for this language.