#THE MADRAS CIVIL COURTS' ACT, 1873 
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##ARRANGEMENT OF SECTIONS 
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PREAMBLE. 

###PART I 

###PRELIMINARY 

1. Short title. 
Local extent. 
Commencement. 

2. [Repealed.]. 
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###PART II. 

###ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. 

3. Number of District Courts. 
4. Number of Subordinate Judges and District Munsifs. 
5. Court‟s locality. 
6. Appointment to vacancy in office of District Judge or Subordinate Judge. 
7. Appointment to vacancy in office of District Munsif. 
Publication of appointments. 
Annulment of appointments. 
8. District Courts, Subordinate Judges, and District Munsifs. 
9. Seal of Court. 
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###PART III. 

###JURISDICTION. 

10. Local limits of jurisdiction of District Court or Subordinate Judge. 
Local limits of jurisdiction of each of several subordinate Judges. 
11. Local jurisdiction of District Munsifs. 
12. Jurisdiction of District Judge or Subordinate Judge in  original suits. 
Jurisdiction of District Munsif. 
13. Appeals from decrees of District Courts. 
Appellate jurisdiction of District Court. 
Appellate jurisdiction of Subordinate Judge. 
Disposal of appeal by District Judge. 

**Subject to verification and confirmation by the Department.**

14. Valuation of suits for immovable property. 
15. Power to require witness or party to make oath or affirmation. 
16. Law administered by Courts to Natives. 
17. Judges not to try suits in which they are interested; 
nor to try appeals from decrees passed by them in other capacities. 
Mode of disposing of such suits and appeals. 
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###PART IV. 

###MISCONDUCT OF JUDGES. 

18. Suspension of Judge by Local Government. 
19. Suspension of Subordinate Judge by High Court. 
20. Suspension of District Munsif by High Court. Commission of Inquiry. 
Exercise by High Court of powers conferred on Government by Act XXXVII of 1850. 
21. Suspension of District Munsif by District Judge. 
Report to High Court. 
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###PART V. 

###MINISTERIAL OFFICERS. 

22. Appointment, suspension or removal of Ministerial Officers of District Courts. 
23. Appointment and removal of ministerial officers of subordinate Courts. 
24. Rules regulating such appointments. 
Duties of Ministerial Officers. 
Present Ministerial Officers. 
24A. Transfer of ministerial officers. 
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###PART VI. 

###MISCELLANEOUS. 

25. Temporary discharge of duties of District Judge. 
26. District Judge may nominate to vacancy in office of District Munsif. 
27. District Judge to control Civil Courts of District. 
28. Investiture of District or Subordinate Judge with Small Cause jurisdiction. 
Investiture of District Munsif with similar jurisdiction. 
29. Exercise by Subordinate Judge of jurisdiction of District Judge in certain proceedings. 
30. Vacation. 
SCHEDULE . — [Repealed]. 



#THE MADRAS CIVIL COURTS' ACT, 1873 

##ACT NO. 3 OF 1873 

[21st January, 1873.] 

An Act to consolidate and amend the law relating to the Civil Courts of the Madras
Presidency subordinate to the High Court. 

Preamble. — WHEREAS it is expedient to consolidate and amend the law relating to the Civil Courts 
of the Madras Presidency subordinate to the High Court; It is hereby enacted as follows :— 

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##PART I. 

###PRELIMINARY. 

1. **Short title.** — This Act may be called “The Madras Civil Courts‟ Act, 1873”: 

**Local extent.** —  It extends to all the territories for the time being under the government of the 
Governor of Fort. St. George in Council, except the Tracts respectively under the jurisdiction of the 
Agents for Ganjam and Vizagapatam; 

**Commencement.** — And it shall come into force on the first day of March, 1873. 

2. *[Repeal of enactments]. — Rep. by the Repealing Act, 1873 (12 of 1873), s. 2 and the Schedule.*
______ 

##PART II. 

###ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. 

3. **Number of District Courts.** — The number of District (heretofore designated Zila) Courts to 
be established or continued under this Act, shall be fixed, and may from time to time be altered, by 
the Local Government : 

Provided that no increase to the number of such Courts shall be made by such Government without 
the previous sanction of the Governor General in Council. 

4. **Number of Subordinate Judges and District Munsifs.** — The number of Subordinate Judges 
and District Munsifs to be appointed under this Act for each District, shall be fixed, and may from 
time to time be altered, by the Local Government : 

Provided that no addition to the number of such officers shall be made by such Government 
without the previous sanction of the Governor General in Council. 

5. **Court’s locality.** —The place at which any Court under this Act shall be held may be fixed, and 
may, from time to time, be altered, 

in the case of a District Court or a Subordinate Judge‟s Court, by the Local Government, 

in the case of a District Munsif‟s Court, by the High Court. 

The  places  fixed  for  any  Court  under  this  section  shall  be  deemed  to  be  within  the  local 
jurisdiction of that Court.

6. **Appointment to vacancy in office of District Judge or Subordinate Judge.** — Whenever the 
office of the Judge of a District Court (hereinafter called a 'District Judge') or of a Subordinate Judge 
under this Act is vacant, 

or whenever the Governor General in Council has sanctioned an addition to the number of District 
Judges or Subordinate Judges under the provisions of section three or section four, 

the Local Government shall appoint to the office such duly qualified person as it thinks proper. 

7. **Appointment to vacancy in office of District Munsif.**— Whenever the office of a District 
Munsif under this Act is vacant, 

Or whenever the Governor General in Council has sanctioned an addition to the number of District 
Munsifs under the provisions of section four, 

the High Court shall appoint to the office such person as it thinks fit : 

Provided that he possesses the qualifications for the time being required by the rules in this behalf 
which the High Court, with the previous sanction of the Local Government, are hereby empowered to 
make and alter. 

**Publication of appointments.** — Every appointment made under this section shall be published in 
the same manner as appointments made by the Local Government. 

**Annulment of appointments.** —  The Local Government may, for good and sufficient reason, 
annul any appointment made under this section. 

8. **District Courts, Subordinate Judges, and District Munsifs.**—The  present  Zila  Courts, 
Principal  Sadr  Amins,  and  District  Munsifs,  shall  be  respectively  the  first  “District  Courts,” 
“Subordinate Judges,” and “District Munsifs” under this Act. 

9. **Seal of Court.** — Every Court under this Act shall use a seal of such form and dimensions as 
are, for the time being, prescribed by the Local Government. 

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###PART III. 

###JURISDICTION. 

10. **Local limits  of  jurisdiction  of  District  Courts  or  Subordinate  Judge.**—The  Local 
Government  shall  fix,  and  may  from  time  to  time  vary,  the  local  limits  of  the  jurisdiction  of  any 
District Judge or Subordinate Judge under this Act: 

**Local limits of jurisdiction of each of several Subordinate Judges.** — Provided that, where 
more than one Subordinate Judge is appointed to any district, the District Judge may assign to each 
such Subordinate Judge the local limits of his particular jurisdiction within such district. 

The present local limits of the jurisdiction of every Civil Court (other than the High Court) shall be 
deemed to have been fixed under this Act. 

11. **Local Jurisdiction of District Munsifs.** — The High Court shall fix, and may from time to 
time modify, the local jurisdiction of District Munsifs. 

If  the  High  Court  assigns  the  same  local  jurisdiction  to  two  or  more  District  Munsifs,  it  shall 
declare which of them shall be deemed the Principal District Munsif, and the other, or others, shall be 
called Additional District Munsifs, and shall take cognizance only of such suits and applications as 
may, by special or general order in this behalf, be directed by the District Judge.

12. **Jurisdiction of District Judge or subordinate  Judge in original suits.** —The jurisdiction of 
a District Judge or a Subordinate Judge extends, subject to the rules contained in the Code of Civil 
Procedure, to all original suits and proceedings of a civil nature. 

**Jurisdiction of District Munsif.** —The jurisdiction of a District Munsif extends to all like suits 
and proceedings, not otherwise exempted from his cognizance, of which the amount or value of the 
subject-matter does not exceed two thousand five hundred rupees. 

13. **Appeals from decrees of District Courts.** —Regular or special appeals, shall, when 
such appeals are allowed by law, lie from the decrees and orders of a District Court to the High Court. 

**Appellate jurisdiction of District Court.**—Appeals from the decrees and orders of Subordinate 
Judges  and  District  Mirnsifs  shall,  when  such  appeals  are  allowed  by  law, lie  to  the  District  Court, 
except  when  the  amount  or  value  of the  subject-matter  of the  suit  exceeds  rupees  five  thousand,  in 
which case the appeal shall lie to the High Court: 

**Appellate jurisdiction of Subordinate Judge.** —Provided that, whenever a Subordinate Judge's 
Court is established in any District at a place remote from the station of the District Court, the High 
Court may, with the previous sanction of the Local Government, direct that appeals from the decrees 
or orders of District Munsifs within the local limits of the jurisdiction of such Subordinate Judge be 
preferred in the Court of the latter: 

**Disposal of appeal by District Judge.**—Provided also, that the District Judge may remove 
to his own Court, from time to time, appeals so preferred, and dispose of them himself, or may, 
subject  to  the  orders  of  the  High  Court,  refer  any  appeals  from  the  decrees  and  orders  of 
District Munsifs, preferred in the District Court, to any Subordinate Judge within the District. 

14. **Valuation of suits for immovable property.** —When  the  subject-matter  of  any  suit  or 
proceeding  is  land,  a  house  or  a  garden,  its  value  shall,  for  the  purposes  of  the  jurisdiction 
conferred by this Act, be fixed in manner provided by the Court  Fees‟ Act, 1870, section seven 
clause v. 

15. **Power to require witness or party to make oath or affirmation.** —Every Court under this 
Act may require a witness or party to any suit or other proceeding pending in such Court to make such 
oath or affirmation as is prescribed by the law for the time being in force. 

16. **Law administered by Courts to Natives.** — 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, 

  (a) the  Muhammadan law in cases where the parties are Muhammadans, 

and the Hindu law in cases where the parties are Hindus, or 

  (b) any custom (if such there be) having the force of law and governing the parties or property 
concerned, 

  shall form the rule of decision, unless such law or custom has, by legislative enactment, been 
altered or abolished. 

  (c) In  cases  where  no  specific rule  exists,  the  Court  shall  act  according  to justice,  equity  and 
good conscience. 

17. **Judges not to try suits in which they are interested.** —No District Judge, Subordinate Judge 
or  District  Munsif,  shall  try  any  suit  to  or  in  which  he  is  a  party  or  personally  interested,  or  shall 
adjudicate upon any proceeding connected with, or arising out of, such suit. 

**nor to try appeals form decrees passed by them in other capacities.**  No  District  Judge  or 
Subordinate  Judge,  shall  try  any  appeal  against  a  decree  or  order  passed  by  himself  in  another 
capacity. 

**Mode of disposing of such suits and appeals.**  —  When  any  such  suit,  proceeding  or  appeal 
comes  before  any  such  officer,  he  shall  report  the  circumstances  to  the  Court  to  which  he  is 
immediately subordinate. 

The superior Court shall thereupon dispose of the case in the manner prescribed by the Code of 
Civil Procedure, section six. 

Nothing  in  the  last  preceding  clause  of  this  section  shall  be  deemed  to  affect  the  extraordinary 
original civil jurisdiction of the High Court. 
______ 

###PART IV. 

###MISCONDUCT OF JUDGES. 

18. **Sespension of Judge by Local Government.** — Any District Judge, Subordinate Judge, or 
District Munsif may, for any misconduct, be suspended or removed by the Local Government. 

19. **Suspension of Subordinate Judge by High Court.** — The High Court may, whenever it sees 
urgent  necessity  for  so  doing,  suspend  a  Subordinate  Judge  pending  the  orders  of  the  Local 
Government. 

The High Court shall immediately report the circumstances of such suspension, 

and the Local Government shall make such order thereon as it thinks fit. 

20. **Suspension of District Munsif by High Court. Commission of Inquiry.** — The High Court 
may  suspend  any  District  Munsif  who  is  alleged  to  have  misconducted  himself,  or  may  appoint  a 
commission for enquiring into his alleged misconduct. 

**Exercise by High Court of powers conferred on Government by Act XXXVII of 1850.** — The 
provisions  of  Act  No.  XXXVII  of  1850  (for  regulating  enquiries  into  the  behaviour  of  public  ser-
vants) shall apply to enquiries under this section, the powers conferred by that Act on the Government 
being exercised by the High Court. 

On receiving  the  report  of  the  result  of  any  such  enquiry,  the  High  Court  may,  if  it  think  fit, 
remove the Munsif from office, or suspend him, or reduce him to a lower grade. 

21. **Suspension of District Munisf by District Judge.** — The District Judge may suspend from 
office, whenever he sees urgent necessity for so doing, any District Munsif under his control. 

**Report to High Court.** —Whenever  a  District  Judge  exercises  the  power  to  conferred  by  this 
section, he shall forthwith send to the High Court the a full report of the circumstances of the case, 
together with the evidence, if any, and the High Court shall make such order thereon as it thinks fit. 
_______ 

###PART V. 

###MINISTERIAL OFFICERS. 

22. **Appointment, suspension or removal of Ministerial Officers of District Courts.** —The 
Ministerial Officers of the District Courts shall be appointed, and may be suspended or removed, by 
the  Judges  of  such  Courts,  whose orders in such matters shall subject to the control of the High 
Court be final. 

23. **Appointment and removal of ministerial officers of subordinate Courts.**—The 
ministerial officers of the Courts of the Subordinate Judges and District Munsifs shall be appointed by 
such Subordinate Judges and District Munsifs, respectively, subject to the approval or confirmation of 
the District Judge within whose jurisdiction such Courts are situate, and may Subject to the control 
of the High Court be suspended or removed from offices either by the said District Judge or (subject 
to his approval or confirmation) by such Subordinate Judges and District Munsifs respectively.

24. **Rules regulating such appointments.** — Every appointment under this Part shall be made 
subject to such rules as the Local Government from time to time prescribes on this behalf. 

**Duties of Ministerial Officers.**— Every person appointed under this Part shall perform such 
duties as may from time to time be imposed upon him by the presiding officer of the Court to which 
he belongs. 

**Present Ministerial Officers.** —The present Ministerial Officers of the Courts under this Act 
shall be deemed to have been appointed under this Part. 

24A. **Transfer of ministerial officers.** — The Local Government may, at the instance of the 
District Judge, transfer from any Court, except the High Court, all or any of the ministerial officers of 
the Court of such Judge, or of any Subordinate Judge or Distric Munsif under his control. 

The District Judge may transfer all or any of the ministerial officers of any Court under his control 
to any other such Court.

**Present Ministerial Officers.** —The  present  Ministerial  Officers  of  the  Courts  under  this  Act 
shall be deemed to have been appointed under this Part. 
_______ 

###PART VI. 

###MISCELLANEOUS. 

25. **Temporary Discharge of duties of District Judge.** —In the event of the death of the District 
Judge, 

or of his being incapacitated by illness or otherwise for the performance of his duties, 

or of his absence from the station in which his Court is held, 

the  senior  Subordinate  Judge  of  the  District  shall,  without  interruption  to  his  ordinary  duties, 
assume charge of the District Judge's office, and shall discharge such of the current duties thereof as 
are connected with the filing of suits and appeals, the execution of processes and the like, 

and shall continue in charge of the office until the same is resumed or assumed by an officer duly 
appointed thereto. 

26. **District Judge may nominate to vacancy in office of District Munsif.** — The District Judge, 
on the occurrence within his district of any vacancy in the office of District Munsif may, pending the 
orders of the High Court thereon, appoint such person as he thinks fit to act in such office; 

and he shall at once report to the High Court the occurrence of every such vacancy and such 
appointment. 

27. **District Judge to control Civil Courts of District.** — Subject to the other provisions of this 
Act and to the rules for the time being in force and prescribed by the High Court in this behalf, the 
general control over all the Civil Courts under this Act in any District is vested in the District Judge. 

28. **Investiture of District or Subordinate Judge with Small Cause jurisdiction.** — The 
Local  Government  may,  by  notification in the  official  Gazette, invest,  within  such  local  limits as it 
shall from time to time appoint, 

any District or Subordinate Judge with the jurisdiction of a Judge of a Court of Small Causes for 
the trial of suits cognizable by such Courts up to the amount of rupees one thousand, 

**Investiture of District Munsif with similar jurisdiction.** — and any District Munsif with the 
same jurisdiction up to the amount of rupees fifty or on the recommendation of the High Court up to 
any amount not exceeding rupees three hundred,

and may, by like notification, whenever it thinks fit, withdraw such jurisdiction from the Subordinate 
Judge or Munsif so invested. 

29. **Exercise by Subordinate Judge of jurisdiction of District Judge in certain proceedings.**  —  
(1) The  High  Court  may,  by  general  or  special  order,  authorise  any  Subordinate 
Judge  to  take  cognizance  of,  or  any  District  Judge  to  transfer  to  any  Subordinate  Judge  under  his 
control, any proceedings under the Indian Succession Act, 1925 (XXXIX of 1925), which cannot be 
disposed of by District Delegates. 

(2) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred 
to, a Subordinate Judge, and may either himself dispose of them or transfer them to a Court under his 
control competent to dispose of them. 

(3) Notwithstanding  anything  contained  in  section  13,  proceedings  taken  cognizance  of  by,  or 
transferred to, a Subordinate Judge under the provisions of this section shall be disposed of by him 
subject to the law applicable to like proceedings when disposed of by the District Judge.] 

30. **Vacation.** —The High Court may permit the Civil Courts under its control to adjourn from 
time to time for periods not exceeding in the aggregate two months in each year. 

SCHEDULE.—*[Enactments repealed.] Rep. by the Repealing Act, 1873 (12 of 1873), s. 2 and the 
Schedule.*