THE MANIPUR (COURTS) ACT, 1955 

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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

COURT OF THE JUDICAL COMMISSIONER 

3. Establishment of the Court of the Judicial Commissioner. 

4. Appointment of Judicial Commissioner and Additional Judicial Commissioner. 

5. Casual vacancy in the office of the Judicial Commissioner. 

6. Rank, precedence and responsibility of Judicial Commissioner. 

7. Exercising of jurisdiction by Judicial Commissioner and Additional Judicial Commissioner. 

8. Civil and criminal jurisdiction of the Court of the Judicial Commissioner. 

9. Registrar and ministerial officers of the Court of the Judicial Commissioner. 

10. Superintendence and control of subordinate court. 

11. Registers, books, accounts and statements to be kept by the Judicial Commissioner. 

12. Procedure of the Court of the Judicial Commissioner. 

13. Admission and removal of advocates, vakils and pleaders. 

14. Court of the Judicial Commissioner to be a court of record. 

15. Place of sitting of the Court of the Judicial Commissioner. 

CHAPTER III 

SUBORDINATE COURTS 

16. Classes of subordinate civil courts. 

17. Civil districts and district judges. 

18. Additional district judges. 

19. Subordinate judges and munsiffs. 

20.  District court to be principal civil court of original jurisdiction. 

21. Original jurisdiction of district courts. 

22. Original jurisdiction of courts of subordinate judges and munsiffs. 

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SECTIONS 

23.  Local limits of the jurisdiction of courts of subordinate judges and munsiffs. 

24. Small causes jurisdiction of subordinate judges and munsiffs. 

25. Exercise by subordinate judges and munsiffs of jurisdiction of district courts in certain    

proceedings. 

26. Place of sittings of courts. 

27. Administrative control of courts. 

28. District Judge's power to distribute business. 

29. Seals of courts. 

30. Ministerial officers of the courts. 

31. Delegation of powers of district judges and district courts in certain cases. 

32. Appeals from original decrees. 

33. Appeals from appellate decrees. 

34. Revisional powers of the Court of the Judicial Commissioner. 

35. Court fees payable on applications for revision. 

36. Temporary vacancy in the office of district judge. 

37. Delegation of powers of district judges. 

38. Temporary vacancy in the office of a subordinate judge or munsiff. 

CHAPTER IV 

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS 

39. Power to confer powers of civil courts on officers in Hill Areas and procedure before the courts of 

such officers. 

40. Power of the Judicial Commissioner to make rules. 

41. Presiding officers of courts not to try suits and cases in which they are interested. 

42. Certain decisions to be according to custom or personal law. 

43. Holidays. 

44. Pending proceedings. 

45. Repeals and savings. 

46. Declaration of the Judicial Commissioner's Court as a High Court for certain purposes. 

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THE MANIPUR (COURTS) ACT, 1955 

ACT NO. 56 OF 1955 

An Act to provide for the establishment of a Judicial Commissioner’s Court and other Courts in 

Manipur. 

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— 

[30th December, 1955.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title, extent  and commencement.—(1) This  Act  may  be  called the  Manipur (Courts)  Act, 

1955. 

(2) It extends to the whole of the 1[Union territory of Manipur]. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Chief  Commissioner  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(i) “Chief Commissioner” means the Chief Commissioner of Manipur; 

(ii) “civil suit” includes every suit of a civil nature not expressly or impliedly classed otherwise by 

any law for the time being in force; 

(iii) “district court” means the court of the district judge and includes the court of the additional 

district judge; 

(iv) “hill areas” mean such areas in the hill tracts of the 1[Union territory of Manipur] as the Chief 

Commissioner may, by notification in the Official Gazette, declare to be hill areas; 

(v) “small cause suit” means a suit of the nature cognizable by a court of small causes under the 

Provincial Small Cause Courts Act, 1887(9 of 1887); 

(vi) “value” in relation to a suit means the amount or value of the subject-matter of the suit. 

CHAPTER II 

COURTOF THE JUDICIAL COMMISSIONER 

3.  Establishment  of  the  Court  of  the  Judicial  Commissioner.—There  shall  be  established  for  the 
1[Union territory of Manipur] a court to be known as the Court of the Judicial Commissioner for Manipur 
which shall consist of the Judicial Commissioner and the Additional Judicial Commissioner, if any. 

4.  Appointment  of  Judicial  Commissioner  and  Additional  Judicial  Commissioner.—(1)  The 
Judicial Commissioner and the Additional Judicial Commissioner, if any, shall be appointed by, and shall 
hold office during the pleasure of, the President. 

(2)  A  person  shall  not  be  appointed  as  Judicial  Commissioner  or  Additional  Judicial  Commissioner 
unless  he  is  qualified to  be  appointed  as  a Judge  of a  High  Court  under  clause  (2)  of  article  217  of  the 
Constitution  or  unless  he  was,  immediately  before  the  commencement  of  this  Act,  the  Judicial 
Commissioner of Manipur. 

5. Casual vacancy in the office of the Judicial Commissioner.— On the occurrence of a vacancy in 
the  office  of  the  Judicial  Commissioner,  the  Additional  Judicial  Commissioner,  if  any,  or  if  there  is  no 
Additional  Judicial  Commissioner,  the  senior-most  district  judge  shall,  pending  the  appointment  of  the 
Judicial Commissioner, act as the Judicial Commissioner. 

1. Subs. by A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 
2. 1st March, 1956, vide Chief Commissioner, Manipur’s  notification No. J/12/1956, dated 3rd February, 1956. 

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6.  Rank,  precedence  and  responsibility  of  Judicial  Commissioner.—The  Judicial  Commissioner 
shall have rank and precedence before the Additional Judicial Commissioner and shall be responsible for 
the  administration  of,  and  generally  for  the  distribution  of  business  in,  the  Court  of  the  Judicial 
Commissioner. 

7. Exercising of jurisdiction by Judicial Commissioner and Additional Judicial Commissioner.—
Subject  to  such  orders  as  the  Judicial  Commissioner  may  make  as  regards  the  distribution  of  business 
between  himself  and  the  Additional  Judicial  Commissioner,  the  jurisdiction  of  the  Court  of  the  Judicial 
Commissioner  may  be  exercised  by  the  Judicial  Commissioner  or  by  the  Additional  Judicial 
Commissioner. 

8. Civil and criminal jurisdiction of the Court of the Judicial Commissioner.—Save as otherwise 
provided by this Act or any other law for the time being in force, the Court of the Judicial Commissioner 
shall, with reference to any civil or criminal proceeding under any law for the time being in force in the 
1[Union territory of Manipur], be the highest court of appeal, revision or reference. 

9. Registrar and ministerial officers of the Court of the Judicial Commissioner.—(1) The Judicial 
Commissioner  may  appoint  a  Registrar  and  such  other  ministerial  officers  as  may  be  necessary  for  the 
administration of justice by the Court of the Judicial Commissioner and for the exercise of the powers and 
the performance of the duties conferred or imposed on the Court by or under this Act or any other law for 
the time being in force. 

(2) The Judicial Commissioner may make rules for delegating to the Registrar such powers and duties 
of a judicial, quasi-judicial or non-judicial nature as he thinks fit; and the ministerial officers shall exercise 
such  powers  and  perform  such  duties  of  a  quasi-judicial  or  non-judicial  nature  as  the  Judicial 
Commissioner may direct. 

10.  Superintendence  and  control  of  subordinate  courts.—(1)  The  general  superintendence  and 
control  of  all  courts  in  the  1[Union  territory  of  Manipur]  shall  vest  in,  and  all  such  courts  shall  be 
subordinate to, the Court of the Judicial Commissioner. 

(2) In exercise of the powers of general superintendence and control vested in it but without prejudice 

to the generality of such powers, the Court of the Judicial Commissioner may,— 

(a) call for returns from such courts; 

(b)  direct  the  transfer  of  any  suit,  proceeding,  case  or  appeal  from  any  subordinate  court  to  any 

other court of equal or superior jurisdiction; 

(c)  make  rules  and  issue  general  directions  and  prescribe  forms  for  regulating  practice  and 

procedure of subordinate courts; 

(d) prescribe forms in which books, entries and accounts shall be kept by the officers of any such 

courts. 

11. Registers, books, accounts and statements to be kept by the Judicial Commissioner.—(1) The 
Court of the Judicial Commissioner shall keep such registers, books and accounts as may be necessary for 
the  transaction  of  the  business  of  the  Court  and  shall  forward  to  the  Chief  Commissioner  such  of  these 
registers, books and accounts and such statements of the work done in the Court as may, from time to time, 
be required by the Chief Commissioner. 

(2) The Court of the Judicial Commissioner shall also comply with such requisitions as may be made 
by the Central Government or the Chief Commissioner for certified copies of, or extracts from, the records 
of the Court of the Judicial Commissioner or any court subordinate thereto. 

12. Procedure of the Court of the Judicial Commissioner.—Notwithstanding anything contained in 
the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898), the 
Court  of  the  Judicial  Commissioner  shall  record  evidence  and  judgments  in  such  manner  and  prescribe 

1. Subs. by  A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 

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such forms to be used in proceedings before it, as it may direct by rules made by it with the sanction of the 
Chief Commissioner. 

13.  Admission  and  removal  of  advocates,  vakils  and  pleaders.—(1)  The  Court  of  the  Judicial 
Commissioner  may,  subject  to  such  rules  as  it  may  with  the  sanction  of  the  Chief  Commissioner  make, 
admit proper persons to be advocates, vakils and pleaders in any court in the 1[Union territory of Manipur] 
and may remove or suspend from practice on reasonable cause any person so admitted and may authorize 
such advocates, vakils and pleaders to plead or to act or to plead and act for parties and accused persons. 

(2) No person other than an advocate, vakil or pleader shall be allowed to plead or to act for parties 
and  accused  persons  except  that  any  party  may  appear,  plead  or  act  on  his  own  behalf  or  on  behalf  of 
another party if so authorized. 

14.  Court  of  the  Judicial  Commissioner  to  be  a  court  of  record.—The  Court  of  the  Judicial 
Commissioner shall be a court of record and shall have all powers of such court including the power to 
punish for contempt of itself. 

15.  Place  of  sitting  of  the  Court  of  the  Judicial  Commissioner.—The  Court  of  the  Judicial 
Commissioner  shall  sit  at  Imphal  or  at  such  other  place  or  places,  if  any,  as  the  Judicial  Commissioner 
may, with the approval of the Chief Commissioner, from time to time, appoint. 

CHAPTER III 

SUBORDINATE COURTS 

16. Classes of subordinate civil courts.—In addition to the Court of the Judicial Commissioner and 
the courts  of  small  causes established  under  the  Provincial  Small  Cause  Courts Act,  1887 (IX  of 1887), 
and  the  courts  established  under  any  other  law  for  the  time  being  in  force,  there  shall  be  the  following 
classes of civil courts in the 1[Union territory of Manipur], namely:— 

(i) the district court; 

(ii) the court of a subordinate judge; 

(iii) the court of a munsiff: 

Provided that the court of a subordinate judge shall be established only with effect from such date as 

the Chief Commissioner may, by notification in the Official Gazette, specify. 

17. Civil districts and district judges.—(1) For the purposes of this Chapter, the Chief Commissioner 
may, by notification in the Official Gazette, divide the 1[Union territory of Manipur] into civil districts and 
sub-divisions,  alter  the  limits  or  the  number  of  these  districts  and  sub-divisions  and  determine  the 
headquarters of each district and sub-division. 

(2) The Chief Commissioner shall, after consultation with the Judicial Commissioner, appoint as many 
persons as he thinks necessary to be district judges and shall post one of these persons to each district as 
district judge of that district: 

Provided that the same person may, if the Chief Commissioner thinks fit, be appointed to be district 

judge of two or more districts. 

18. Additional district judges.—(1) When the business pending before the court of a district judge 
requires the aid of an additional district judge for its speedy disposal, the Chief Commissioner may, after 
consultation with the Judicial Commissioner, appoint such number of additional district judges as may be 
necessary. 

(2) The additional district judges so appointed shall discharge any of the functions of a district judge 
which the district Judge may assign to them and in the discharge of those functions they shall exercise the 
same powers as the district judge. 

1. Subs. by A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 

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19. Subordinate judges and munsiffs.—(1) The Chief Commissioner may, after consultation with the 
Judicial Commissioner, fix the number of subordinate judges and munsiffs to be appointed and if there is a 
vacancy in that number, may, subject to the rules, if any, made under sub-section (2), appoint such person 
as is nominated by the Judicial Commissioner to the vacancy. 

(2) The Chief Commissioner may, after consultation with the Judicial Commissioner, make rules as to 

the qualifications of persons to be appointed as subordinate judges and munsiffs. 

20.   District court to be principal civil court of original jurisdiction.—The district court shall be 

the principal civil court of original jurisdiction in the district. 

21.  Original  jurisdiction  of  district  courts.—Save  as  otherwise  provided  by  any  other  law  for  the 
time  being  in force, the  district  court,  shall, subject to  the  provisions  of section  15  of the  Code  of  Civil 
Procedure, 1908 (5 of 1908), have original jurisdiction in all civil suits without limit as regards the value. 

22.  Original  jurisdiction  of  courts  of  subordinate  judges  and  munsiffs.—The  jurisdiction  in 
original  civil  suits  as  regards  the  value  to  be  exercised  by  a  subordinate  judge  or  a  munsiff  shall  be 
determined by the Chief Commissioner in such manner as he thinks fit, after consultation with the Judicial 
Commissioner: 

Provided that in no case shall the jurisdiction of a munsiffbe without limit. 

23. Local limits of the jurisdiction of courts of subordinate judges and munsiffs.—(1) The local 
limits  of  the  jurisdiction  of  the  court  of  a  subordinate  judge  or  a  munsiff  shall  be  such  as  the  Chief 
Commissioner may, by notification in the Official Gazette, define. 

(2) When the Chief Commissioner posts a subordinate judge to a district, the local limits of the district 

shall, in the absence of any direction to the contrary, be the local limits of his jurisdiction. 

24.  Small  causes  jurisdiction  of  subordinate  judges  and  munsiffs.—The  Judicial  Commissioner 
may,  by  notification  in  the  Official  Gazette,  confer  within  such  local  limits  as  he  thinks  fit,  upon  any 
district judge, subordinate judge or munsiff, the jurisdiction of a judge of the court of small causes under 
the Provincial Small Cause Courts Act, 1887 (9 of 1887), for the trial of suits of the nature cognizable by 
such  courts  upto  such  value  not  exceeding  five  hundred  rupees,  as  he  thinks  fit  and  may  withdraw  any 
jurisdiction so conferred. 

25.  Exercise  by  subordinate  judges  and  munsiffs  of  jurisdiction  of  district  courts  in  certain 
proceedings.—(1) The Judicial Commissioner may, by general or special order, authorize any subordinate 
judge or munsiff to take cognizance of, or any district judge to transfer to a subordinate judge or a munsiff 
under his administrative control, any proceeding or class of proceedings specified in such order, under— 

(a) the Indian Succession Act, 1925 (39 1925); or 

(b) the Guardians and Wards Act, 1890 (8 of 1890); or 

(c) the Provincial Insolvency Act, 1920 (5 of 1920). 

(2) The district judge may withdraw any such proceeding taken cognizance of by, or transferred to, a 
subordinate judge  or a  munsiff and  may  either  himself dispose  of  them  or  transfer  it for  disposal to  any 
other competent court under his administrative control. 

(3) Proceedings taken cognizance of by, or transferred to, a subordinate judge or a munsiff under this 
section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by 
the district judge: 

Provided that an appeal from an order of the munsiff in any such proceedings shall lie to the district 

judge. 

(4)  An  appeal  from  the  order  of  the  district  judge  on  appeal  from  the  order  of  a  munsiff  under  this 
section shall lie to the Court of the Judicial Commissioner if a further appeal from the order of the district 
judge is allowed by the law for the time being in force. 

26. Place of sittings of courts.—(1) The Chief Commissioner may, by order, fix a place or places at 

which any court constituted under this Chapter is to be held. 

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(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the court. 

(3) Save as otherwise provided by an order under this section, a court constituted under this Act may 

be held at any place within the local limits of its jurisdiction. 

27.  Administrative  control  of  courts.—Subject  to  the  general  superintendence  and  control  of  the 
Court of the Judicial Commissioner, the district judge shall have administrative control over all the civil 
courts under this Chapter within the local limits of his jurisdiction. 

28. District Judge's power to distribute business.—Notwithstanding anything contained in the Code 
of  Civil  Procedure,  1908  (5  of  1908),  the  district  judge  may,  by  written  order,  direct  that  any  business 
cognizable by his court and the courts under his control shall be distributed among such courts, and in such 
manner, as he thinks fit: 

Provided that no direction issued under this section shall empower any court to exercise any power and 

deal with any business beyond the limits of its jurisdiction. 

29. Seals of courts.—Every court under this Chapter shall use a seal of such form and dimension as 

are prescribed by the Chief Commissioner. 

30. Ministerial officers of the courts.—(1) Ministerial officers of the district court shall be appointed 

by the district judge. 

(2)  Ministerial  officers  of  civil  courts  under  the  administrative  control  of  the  district  judge  shall  be 

appointed by the district judge. 

(3) Every appointment under this section shall be subject to such rules as the Judicial Commissioner 

may make in this behalf. 

(4) Any order passed by the district judge under this section shall be liable to be reversed or modified 

by the Judicial Commissioner. 

31. Delegation of powers of district judges and district courts in certain cases.—The district judge 
may, with the previous sanction of the Judicial Commissioner, delegate to the judge of any court under his 
administrative control all or any of the powers conferred on a district judge by section 27 and section 28 of 
this  Act  and  on  a  district  court  by  section  24  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  to  be 
exercised by the judge in any specified portion of the district subject to the control of the district judge. 

32.  Appeals  from  original  decrees.—Save  as  otherwise  provided  by  any  law  for  the  time  being  in 

force, appeals from decrees or orders of courts exercising original jurisdiction shall lie as follows:— 

(a) from a decree or order of a munsiff in any suit and of a subordinate judge in a suit the value of 

which does not exceed five thousand rupees, to the court of the district judge; and 

(b) in all other cases, to the court of the Judicial Commissioner. 

33.  Appeals  from  appellate  decrees.—A  second  appeal  shall  lie  to  the  court  of  the  Judicial 
Commissioner  from  an  appellate  decree  or  order  of  a  district  court  on  any  ground  on  which  a  second 
appeal lies under section 100 of the Code of Civil Procedure, 1908 (5 of 1908). 

34.Revisional  powers  of  the  Court  of  the  Judicial  Commissioner.—In  addition  to  the  powers 
conferred  by  section  115  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  the  Court  of  the  Judicial 
Commissioner may, on application made to it, call for the record of any case which has been decided by a 
civil court subordinate to it and in which no appeal lies to it and if the Court of the Judicial Commissioner 
is  of  opinion  that  there  is  an  important  question  of  law  or  custom  and  the  question  requires  further 
consideration, the Court of the Judicial Commissioner may make such order in the case as it thinks fit: 

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Provided that— 

(i) no application shall be admitted after the expiration of ninety days from the date of the decision 
in  respect  of  which  the  application  is  made  unless  the  applicant  satisfies  the  Court  of  the  Judicial 
Commissioner that he had sufficient cause for not making application within that period; 

(ii) on any such application the Court of the Judicial Commissioner shall not revise the decision of 
the court below except in so far as such decision involves a question of law or custom in respect of 
which the application has been admitted; and 

(iii) when any such application has been admitted the Court of the Judicial Commissioner shall, 

subject to clause (ii) of this proviso, treat the matter of the application as if it were an appeal. 

Explanation 1.—The question of procedure is not a question of law or custom within the meaning 

of this section. 

Explanation 2.—In computing the period of limitation mentioned in clause (i) of this proviso and 
in all other respects not herein specified, the period of limitation of the application shall be governed 
by the provisions of the Indian Limitation Act, 1908 (5 of 1908). 

35. Court fees payable on applications for revision.—(1) The court fees payable on applications to 
the Court of the Judicial Commissioner for the exercise of its jurisdiction under section 34 shall be such as 
are prescribed by the Chief Commissioner in consultation with the Judicial Commissioner. 

(2)  If  the  Court  of  the  Judicial  Commissioner,  on  an  application  in  respect  of  which  the  court  fee 
payable under sub-section (1) has been paid, sets aside or modifies a decree or order of the court below or 
remands the case for further decision, the Court of the Judicial Commissioner may grant to the applicant a 
certificate authorising him  to receive back from the Collector of the district in which the court below is 
situated or from such other officer as the Chief Commissioner may authorise by notification in the Official 
Gazette, the full amount of such court fee or such part thereof as the Court of the Judicial Commissioner 
having regard to the circumstances of the case may think fit. 

36. Temporary vacancy in the office of district judge.—In the event of death of a district judge or of 
his being prevented from performing his duties by illness or other cause or of his absence from the civil 
district on leave, the additional district judge, if any, in the district or where there is no additional district 
judge,  the  senior-most  subordinate  judge,  or  as  the  case  may  be,  the  senior-most  munsiff  in  the  district 
shall assume charge of the district court without interruption of his ordinary jurisdiction and being so in 
charge shall perform the duties of the district judge with respect to the filing of suits and appeals, receiving 
pleadings,  execution  of  processes,  return  of  writs  and  the  like,  and  shall  be  designated  as  the  additional 
district judge or the subordinate judge or the munsiff, as the case may be, in charge of the district and shall 
continue in such charge until the office of the district judge has been resumed by him or assumed by an 
officer duly appointed thereto. 

37. Delegation of powers of district judges.—Any district judge leaving headquarters and proceeding 
on duty to any place in the district may delegate to the additional district judge, if any, or where there is no 
such  additional  district  judge,  to  a  subordinate  judge  or,  as  the  case  may  be,  to  a  munsiff  at  the 
headquarters, the power of performing such duties enumerated in section 36 as may be emergent and such 
officer shall be designated as the additional district judge or the subordinate judge or the munsiff, as the 
case may be, in charge of the headquarter. 

38.  Temporary  vacancy  in  the  office  of  a  subordinate  judge  or  munsiff.—In  the  event  of  death, 
suspension or temporary absence of a subordinate-judge or a munsiff, the district judge may empower any 
other subordinate judge or munsiff of the same civil district to continue the duties of the vacated court of 
the subordinate judge or munsiff either at the place of such court or of his own court but in every such case 
the register and record of the court shall be kept distinct. 

CHAPTER IV 

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS 

39.  Power  to  confer  powers  of  civil  courts  on  officers  in  Hill  Areas  and  procedure  before  the 
courts of such officers.—(1) The Chief Commissioner after consultation with the Judicial Commissioner 

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may, by notification in the Official Gazette, invest, by  name or in virtue of office, any officer in the hill 
areas with the powers of any civil court under this Act and upon such investiture the provisions of this Act 
shall, so far as they can be made applicable, apply to him as if he were a judge of the court with the powers 
of which he is invested. 

(2) Where the place at which the court of an officer invested with powers under sub-section (1) is to be 
held, has not been fixed under section 26, the court may be held at any place within the local limits of its 
jurisdiction. 

(3) The Code of Civil Procedure, 1908 (5 of 1908), shall apply to all suits and proceedings before the 
court  of  an  officer  invested  with  powers  under  sub-section  (1)  subject  to  the  following  exceptions, 
namely:— 

(a) a defendant in a suit may, instead of filing a written statement, make an oral statement of his 

defence which shall be recorded by the court; 

(b) all applications by parties in any suit or proceeding may be made orally before the court; 

(c) no appearance, application or act in or to the court, required or authorised by law to be made or 
done  by  a  party  in  such  court  shall  be  made  or  done  by  a  pleader  (as  defined  in  the  Code  of  Civil 
Procedure, 1908 (5 of 1908)) save with the permission of the court; 

(d) it shall be sufficient for the court to make a memorandum of the substance of the evidence of 
any witness examined by it and it shall not be necessary for the court to take down evidence of any 
witness in writing at length unless the court is, on the application of any party or otherwise, satisfied 
that there is any special reason for so doing. 

40. Power of the Judicial Commissioner to make rules.—The Court of the Judicial Commissioner 
may make rules consistent with this Act and any other law for the time being in force, providing for all or 
any of the following matters, namely:— 

(a) the supervision of all courts subordinate to the Court of the Judicial Commissioner and their 

inspection; 

(b)  the  translation  of  any  papers  filed  in  the  Court  of  the  Judicial  Commissioner  and  the 
preparation of paper-books for the hearing of appeals and the copying, typing or printing of any such 
papers or translations and the recovery from the persons at whose instance or on whose behalf papers 
are filed, all the expenses thereby incurred; 

(c) the fees to be charged for processes issued by a civil court 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; 

(d) the manner in which the proceedings of civil courts shall be kept and recorded, and the manner 

in which paper-books for the hearing shall be prepared and the granting of copies; 

(e) the various matters relating to the officers of the court; 

(f) the persons to be, permitted to act as petition-writers in the court subordinate thereto or act as 

pleaders' clerks; 

(g) the issue of licences to persons referred to in clause (f), the conduct of business by them and 

the scale of fees to be charged by them; 

(h) the authority by which breaches of such rules shall be investigated and the penalty which may 

be imposed. 

41. Presiding officers of courts not to try suits and cases in which they are interested.—(1) The 
presiding officer of a court shall not try any suit, proceeding or other case, or hear any appeal, to which he 
is a party or in which he is personally interested. 

(2) No presiding officer shall hear an appeal from any judgment, decree, sentence or order passed or 

made by himself. 

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(3) Where any such suit, proceeding, case or appeal as is referred to in sub-section (1) or sub-section 
(2) comes before any such officer, he shall transmit forthwith the record of such suit, proceeding, case or 
appeal  as  the  case  may  be,  to  the  court  to  which  he  is  immediately  subordinate  with  the  report  of  the 
circumstances attending the reference. 

(4) The superior court may transfer the suit, proceeding, case or appeal either to itself or to any court 

under its administrative control competent to decide it. 

 42.  Certain  decisions  to  be  according  to  custom  or  personal  law.—(1)  Where  in  any  suit  or 
proceeding,  it  is  necessary  for  any  court  under  this  Act  to  decide  any  question  regarding  succession, 
inheritance, marriage or caste or any religious usage or institution, any custom (if such there be) having the 
force  of  law,  orany  personal  law,  governing  the  parties,  or  the  property  of  the  parties  to  such  suit  or 
proceeding  shall  form  the  rule  of  decision  except  in  so  far  as  such  custom  or  personal  law  has,  by 
legislative enactment, been altered or abolished. 

(2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the 

court shall decide the suit or proceeding according to justice, equity and good conscience. 

 43.  Holidays.—(1)  Subject  to  the  approval  of  the  Chief  Commissioner,  the  Judicial  Commissioner 
shall  prepare  a  list  of  days  to  be  observed  in  each  year  as  closed  holidays  in  the  Court  of  the  Judicial 
Commissioner and the civil courts subordinate to that Court. 

(2) The list of holidays shall be published in the Official Gazette. 

(3) A judicial act done by a court on a day specified in the list shall not be invalid by reason only of its 

having been done on that day. 

44. Pending proceedings.—(1) Any suit, proceeding, case or appeal pending in a court immediately 
before  the  commencement  of  this  Act  shall,  upon  the  commencement  of  this  Act,  be  deemed  to  be 
transferred to the court exercising under this Act jurisdiction which corresponds, as far as may be, to the 
jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which 
the suit, proceeding, case or appeal is deemed to be transferred shall proceed to try, hear and determine the 
matter as if it had been pending in that court. 

(2) Any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed 
against before the commencement of this Act shall, after such commencement, lie to the court exercising 
under this Act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which 
such appeal would have lain if this Act had not been passed and had not come into force. 

(3) Any judgment, decree, sentence or order passed or made before the commencement of this Act by 
any court shall be deemed for the purpose of execution to have been passed by a court constituted under 
this  Act  which  corresponds,  as  far  as  may  be,  to  the  court  which  passed  or  made  the  judgment,  decree, 
sentence or order as the case may be: 

Provided that nothing contained in sub-section (1) or sub-section (2) shall be construed as extending 

period of limitation to which any suit, proceeding, case or appeal may be subject. 

45. Repeals and savings.—(1) The Manipur State Courts Act 1947, as amended by the Manipur State 
Courts (Amendment) Order, 1950, is hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any  appointment  or 
delegation  made,  order,  Instrument  or  direction  issued,  rule  or  regulation  made  under  that  Act)  shall  be 
deemed to have been done or taken under the corresponding provisions of this Act and shall continue in 
force  accordingly  unless  and  until  superseded  by  anything  done  or  any  action  taken  under  the  relevant 
provisions of this Act. 

46.  Declaration  of the  Judicial  Commissioner's  Court  as  a High  Court for certain  purposes.—
The Court of the Judicial Commissioner established under section 3 is hereby declared to be a High Court 
for  the  purposes  of  articles  132,  133  and  134  of  the  Constitution;  and  the  provisions  of  the  Judicial 
Commissioners' Courts (Declaration as High Courts) Act, 1950 (15 of 1950), shall apply to that Court as 
they apply to a Judicial Commissioner's Court in existence at the commencement of this Act. 

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