1869 : Act XIV]

Maharashtra  Civil  Courts  Act

1

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

ACT  No.  XIV  OF  1869.

THE MAHARASHTRA CIVIL COURTS ACT

(As  modified  upto  the  30th  January  2016)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS,
MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,
STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2016

[ Price : Rs. 23.00 ]

2

Maharashtra  Civil  Courts  Act

[1869 : Act XIV
(i)

THE  MAHARASHTRA  CIVIL  COURTS  ACT

PREAMBLE.

SECTIONS.

———————

CONTENTS

PART  I

PRELIMINARY

1. Short  title  and  extent.

2.

[Repealed].

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PART  II

DISTRICTS AND SADR STATIONS

3.

4.

Alteration  and  creation  of  districts.    .  .                 .  .

Position  of  sadr  station.

          .  .                 .  .

      .  .

      .  .

PART  III

DISTRICT COURTS

5. District  Judges.

6. Situation  of  District  Court.

.  .

.  .

7. Original  Jurisdiction  of  District  Court.

8. Appellate  Jurisdiction  of  District  Court.

9. Control  and  Inspection  of  Courts.

10. Writs  and  Orders.

Reports  and  Returns.

11. Seal  of  District  Judge.

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PART  IV

JOINT DISTRICT JUDGES

12. Power  to  appoint  Joint  District  Judges.      .  .                .  .

  .  .

12A. Power  to  appoint  District  Judge  or  Additional  District  Judge  in
one  district  to  be  Joint  District  Judge  in  another  district.

13. Enactments  applied  to  Joint  District  Judge,  Joint  District  Judge's

seal.

PART  V

ADDITIONAL DISTRICT JUDGE

14. Power  to  appoint  Additional  District  Judges. .  .

15. Situation  of  Additional  District  Judge's  Court.

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16. Original  Jurisdiction  of  Additional  District  Judge.

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H 4119—1

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1869 : Act XIV]
(ii)

Maharashtra  Civil  Courts  Act

SECTIONS.

17. Appellate  Jurisdiction  of  Additional  District  Judge. .  .

18.

[Deleted].

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19. Power  to  invest  Additional  District  Judge  with  powers  of  District

Judge.

20. Additional  District  Judge  to  use  seal  of  District  Judge.

.  .

PART  VI

CIVIL JUDGES

21. Number  of  Subordinate  Civil  Courts.

22. Appointment  of  Civil  Judges.

.  .

.  .

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.  .

22A. Power  to  fix  local  limits  of  jurisdiction  of  Civil  Judges.

23. Situation  of  Subordinate  Courts.

Appointment  of  Joint  Civil  Judges.

Provisions  applicable  to  Joint  Civil  Judges.

24. Classes  of  Civil  Judges.

Jurisdiction  of  Civil  Judge  (Senior  Division).

Jurisdiction  of  Civil  Judge  (Junior  Division).

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25. Special  jurisdiction  of  Civil  Judge  (Senior  Division).

26. Appeals  from  his  decision.

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27. Appellate  jurisdiction  of  Civil  Judge  (Senior  Division)  or  Judge  of

Court  of  Small  Causes.

28. Power  to  invest  Civil  Judges  with  small  cause  powers.

.  .

28A. Power  to  invest  Civil  Judges  with  jurisdiction  under  certain  Acts.

28B. Transfer  of  pending  suits  and  appeals.

28C. Transfer  of  pending  appeals.

29. Seal  of  Civil  Judge.

30-31.

[Repealed].

32. Government  Suits.

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33.

[Repealed].

34.

[Repealed].

REMOVAL OR SUSPENSION

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.  .

PART  VII

TEMPORARY VACANCIES

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35. Temporary  vacancy  in  office  of  District  Judge.

36. Delegation  of  powers  of  District  Judge.

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37. Temporary  vacancy  of  office  of  Subordinate  Judge.

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4

Maharashtra  Civil  Courts  Act

[1869 : Act XIV(iii)

SECTIONS.

PART  VIII

MINISTERIAL OFFICERS

38.

[Repealed].

39. Duties  of  ministerial  officers.

40. Power  to  appoint  clerks  of  the  Courts.

40A.

[Repealed].

PART  IX

MISCELLANEOUS

41. Rules  for  keeping  proceedings.

41A. Licensed  petition  writers.

42. Fees  for  process.

43. Sittings  of  Courts.

Vacation.

THE  SCHEDULE.  [Repealed].

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H 4119—1a

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

1

ACT  No.  XIV  OF  18691

**  [THE MAHARASHTRA  CIVIL COURTS  ACT]†

(19th  March  1869)

Repealed  in  part,  by  Act  14  of  1870  ;

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” 12  of  1876  ;

” 7  of  1889  ;

” 8  of  1890  ;

” 12  of  1891  ;

Bom.  1  of  1910  ;

Amended  by  Act  10  of  1876   ;

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9  of  1880  ;

15  of  1880  ;

28  of  1930  ;

Bom.  3  of  1895  ;

” 1  of  1900  ;

” 5  of  1912  ;

” 5  of  1914  ;

” 6  of  1926  ;

” 9  of  1927  ;

” 7  of  1930  ;

Adapted  and  modified  by  the  Adaptation  of  Indian  Laws  Order  in

Council  ;

*Amended  by  Bom.  11  of  1942  ;

*Amended  by  Bom.  20  of  1942    ;

*Amended  by  Bom.  10  of  1945  ;

Adapted  and  modified  by  the  Indian  Independence  (Adaptation  of

Central  Acts  and  Ordinance)  Order,  1948.

Amended  by  Bom.  22  of  1949.

1 For  Statement  of  Objects  and  Reasons,  see Gazette  of  India,  1869,  p.  100  :  and  for
Proceedings  in  Council  see ibid.,  1869,  Supplement,  pp.  59,  180,  185,  336,  421  and  464.
† This  Act  was  extended  to,  and  shall  by  virtue  of  such  extension  be  in  force  in  that  part
of the State of Bombay to which immediately before the commencement of Bom. 94 of 1958
it  did  not  extend (vide  Bom.  94  of  1958,  s.  2).
* These  Acts  were  re-enancted  by  Bom.  48  of  1947.
* * The Short title of the Act was amended by Mah. 24 of 2012, Sch., entry 3, w.e.f.1-5-1960.

2

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

Amended  by  Bom.  54  of  1949.†

Adapted  and  modified  by  the  Adaptation  of  Laws  Order,  1950.

Amended  by  Bom.36  of  1950.

Adapted and modified by the Adaptation of Laws (State and Concurrent

Subjects)  Order,  1956.

Amended  by  Bom.  94  of  1958.*

† Section  6  of  Bom.  54  of  1949  reads  as  under  :—

Saving.

“ 6.  The  amendment  made  in  the  said  Act  by  the  provisions  of  sections  2  to  5  (both

inclusive)  of  this  Act  shall  not  have  any  effect  in  respect  of  and  apply  to,—

(a) any suit or proceeding of a civil nature, whereon the subject matter exceeds in
amount  or  value  five  thousand  rupees  but  not  ten  thousand  rupees,  pending  in  any
Court on the date on which this Act comes into force. Any such suit or proceeding shall
be  continued  and  disposed  of  as  if  this  Act  had  not  been  passed  ;  and

(b) (i)  any  appeal  which  is  filed  from  an  original  or  an  appellate  decree  or  order
passed in any suit or proceeding wherein the subject matter is of the amount or value
specified  in  clause  (a)  and  which  is  pending  in  any  Court  on  the  date  on  which  this
Act  comes  into  force  ;

(ii)  any  appeal  which  may  hereinafter  be  filed  from  such  decree  or  order  passed

before  the  date  on  which  this  Act  comes  into  force.

Any such appeal shall be continued or filed and disposed of as if this Act had not

been  passed. ”.

*  Section  8  of  Bom.  94  of  1958  reads  as  under  :—

Repeal  and
saving.

“ 8. On the extension of the principal Act to that part of the State to which it did

not  extend  before  the  commencement  of  this  Act,—

C.  P.  &
Berar
Act  I  of
1917.

Hyd.
Act
XXX-VI
of  1954.

Sau.
Ord. XI
of  1948.

(i)  the  Central  Provinces  and  Berar  Courts  Act,  1917,

(ii)  the  Hyderabad  Civil  Courts  Act,  1954,

(iii)  the  Saurashtra  District  and  Civil  Courts  Ordinance,  1948,  and

(iv)  the  Kutch  (Courts)  Order,  1948,

shall  stand  repealed  :

Provided  that,  such  repeal  shall  not  affect  the  previous  operation  of  the  Acts,
Ordinance or Order so repealed and anything done or any action taken (including
the district formed, limit defined, courts established or constituted, appointments,
rules or orders made, functions assigned, powers granted, seals or forms prescribed,
jurisdiction  defined  or  vested,  notifications  or  notices  issued  and  proceedings
instituted) by or under the provisions thereof shall in so far as it is not inconsistent
with  the  provisions  of  the  principal  Act,  be  deemed  to  have  been  done  or  taken
under the corresponding provisions of the principal Act and shall continue in force
unless  and  until  superseded  by  anything  done  or  any  actions  taken  under  the
principal  Act :

Provided  further  that,  all  proceedings  pending  before  any  Court  or  authority
shall stand transferred to the corresponding Court or authority under the principal
Act, and if no corresponding Court or authority exists or if there be a doubt as to
the corresponding Court or authority, to such Court or authority as the High Court
may  designate,  and  shall  be  continued  before  and  disposed  of  by  such  Court  or
authority.”.

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

3

Amended  by  Mah.  46  of  1977§  (1-1-1978) ‡

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” Mah.  10  of  1983  (1-1-1984) ‡

” Mah.  27  of  1984  @  (28-9-1984) ‡

” Mah.  3  of  1999  (13-1-1999) ‡

” Mah.  35  of  2001@@ ‡

” Mah.  44  of  2011  (16-1-2012)‡

” Mah.  24  of  2012  (22-8-2012)‡

” Mah.  22  of  2015  (1-9-2015)*

An  Act  to  consolidate  and  amend  the  law  relating  to  the  District  and  other
subordinate  Civil  Courts  in  the  Presidency  of  Bombay.

Whereas  it  is  expedient  to  consolidate  and  amend  the  law  relating  to  the
district  and  other  subordinate  Civil  Courts  in  the  Presidency  of  Bombay;
It  is  hereby  enacted  as  follows  :—

Preamble.

‡This  indicates  the  date  of  commencement  of  the  Act.

§Section  19  of  Mah.  46  of  1977  reads  as  follow  :—

"19.  The  amendment  made  by  this  Act  in  any  of  the  Acts  aforesaid  shall  not  have  any
effect in respect of and apply to any suits, appeals or other proceedings of a civil nature filed
and pending before any Court on the date of commencement of this Act, and such proceedings
shall be continued and disposed of by that Court, as if this Act had not been passed ; and
any appeal, revision application or other proceedings of civil nature in respect of any decree
or  order  passed  by  any  Court  before  the  date  of  commencement  of  this  Act  shall  be  filed
before  and  heard  and  disposed  of  by  the  Court  competent  to  entertain  such  proceedings
before  such  commencement,  as  if  this  Act  had  not  been  passed."

Savings.

@Section  3  of  Mah.  27  of  1984  reads  as  under  :—

“ 3.  (i)  The  amendments  made  by  the  Bombay  Civil  Courts  (Amendment)  Act,  1982
which came into force on the 1st January 1984 (hereinafter in this section referred to as
" the said date ") shall not have any effect in respect of, and apply to, any suits, appeals
or other proceedings of a civil nature filed and pending before any Court on the said date
and such suits, appeals or other proceedings shall be continued and disposed of by that
Court as if that Act had not been passed ; and any appeal, revision application or other
proceedings of a civil nature in respect of any decree or order passed by any Court before
the said date shall be filed before and heard and disposed of by the Court competent to
entertain  such  proceedings  before  the  said  date  as  if  that  Act  had  not  been  passed.

Effect  of
amendments
made  by
Mah. X of
1983  on
pending
proceedings
and saving.

(2) Any appeal, revision application or other proceeding of a civil nature in repsect of
any decree or order passed by any Court before the said date filed in a Court other than
the Court competent to entertain such proceedings before the said date during the period
from the said date and the date of commencement of the Bombay Civil Courts (Amendment)
Act, 1984 (both days inclusive) shall be transferred to such Court competent to entertain
such  proceedings  as  aforesaid  ;  and  the  proceedings  so  transferred  shall  be  heard  and
disposed of by the Court as if the Bombay Civil Courts (Amendment) Act, 1982 had not
been  passed. ”.

@@Section  3  of  Mah.  35  of  2001  reads  as  follows  :—

“ 3. The  amendments made  in the Bombay  Civil Courts Act,  1869, by  the provisions
of  section  2  of  this  Act  shall  not  have  any  effect  in  respect  of  and  apply  to  any  suit  or
proceeding  of  a  civil  nature,  wherein  the  subject  matter  exceeds  in  amount  or  value  of
three  thousand  rupees  but  not  twelve  thousand  rupees  in  case  of  Civil  Judge  (Senior
Division) and wherein the subject matter exceeds in amount of value of one thousand and
five hundred rupees but not six thousand rupees in case of Civil Judge (Junior Division),
pending  in  any  Court  on the  date  on  which  this  Act  comes  into force.  Any  such  suit  or
proceeding  shall  be  continued  and  disposed  of  as  if  this  Act,  had  not  been  passed. ”

XIV  of
1869.

* This  Act  came  into  force vide  G.N.,  L.&J.D.,  Naccs.2014/C:R-25/D-19,  dated  the  31st

August  2015,  w.e.f.  1st  September  2015.

Mah. X
of  1983.

Mah.
XXVII
of  1984.

Mah. X
of  1983.

Saving.

4

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

PART  I

PRELIMINARY

Short  title
and extent.

1[1.

(1)  This  Act  may  be  called 2[  The  Maharashtra  Civil  Courts  Act]

(2)  It  extends  to  the  whole  of  the 3[State  of  Maharashtra.].

2.

[Repeal  of  enactments.]  Rep.  by  Act  XIV  of  1870.

PART  II

DISTRICTS AND SADR STATIONS

Alteration
and  creation
of  districts.

3. The 4[5[State] Government] may from time to time, by a notification
in  the 6[Official  Gazette],  alter 7[the  limits  of  existing  zillas]  (which  shall
hereafter  be  called  districts)  and  create  new  districts  for  the  purposes  of
this  Act.

Position  of
sadr
station.

4. The 4[5[State]  Government]  may  also  from  time  to  time,  by
notification  in  the 6[Official  Gazette],  alter  the  position  of  the  sadr  station
in  any  district,  and  fix  the  position  of  the  sadr  station  in  any  new  district.

PART  III

DISTRICTS COURTS

District
Judges.

5. There  shall  be  in  each  district  a  District  Court  presided  over  by

a  Judge  to  be  called  the  District  Judge 8[*

*

*]

9[*

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*

*

*

*]

Situation  of
District
Court.

6. The  District  Judge  shall  ordinarily  hold  the  District  Court  at  the
sadr station in his district, but may, with the previous sanction of the High
Court,  hold  it  elsewhere  within  the  district.

Original
Jurisdiction
of  District
Court.

7. The  District  Court  shall  be  the  Principal  Court  of  original  civil
jurisdiction  in  the  district,  within  the  meaning  of  the *[Code  of  Civil
Procedure.]

1 This  section  was  substituted  for  the  original  by  Bom.  94  of  1958,  s.  3.
2 The  Short  title  was  amended  by  Mah.  24  of  2012,  Schedule  entry  No.  3,  w.e.f.  1-5-1960.
3 These  words  were  substituted  for  the  words  “State  of  Bombay”  by  the  Maharashtra

Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960,  Sch.

4 The words "Provincial Government" were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

5 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

6 The words “Official  Gazette” were  substituted for the  words “Government  Gazette” by  the

Adaptation  of  Indian  Laws  Order  in  Council.

7 In  this connection, see  section 22A, infra.
8 The  words  “He  shall  be  appointed  by  the  Governor  of  Bombay  in  Council,  by  whose
authority only he shall be liable to be suspended or removed from his appointment” were
omitted  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

9 The  words  “The  present  Zilla  Judges,  shall  be  the  first  District  Judges,  under  this  Act.”

were  repealed  by  the  Repealing  Act,  1876  (12  of  1876).
* Now see  the  Code  of  Civil  Procedure,  1908  (5  of  1908).

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

8. Except  as  provided  in  sections  16,17  and  26  the  District  Court
shall  be  the  Court  of  Appeal  from  all  decrees  and  orders  passed  by  the
subordinate  Courts  from  which  an  appeal  lies  under  any  law  for  the  time
being  in  force.

9. The  District  Judge  shall  have  general  control  over  all  the  Civil
Courts and their establishments within the district, and it shall be his duty
to  inspect,  or  to  cause  one  of  his  assistants  to  inspect,  the  proceedings  of
all  the  Courts  subordinate  to  him,  and  to  give  such  directions  with  respect
to  matters  not  provided  for  by  law  as  he  may  think  necessary.

The  District  Judge  shall  also  refer  to  the  High  Court  all  such  matters
as  appear  to  him  to  require  that  a  rule  of  that  Court  should  be  made
thereon.

5

Appellate
jurisdiction  of
District
Court.

Control  and
inspection  of
Courts.

10. The  District Judge  shall obey  all  writs, orders  or processes  issued
to  him  by  the  High  Court,  and  shall  make  such  returns  or  reports  thereto
under  his  signature  and  the  seal  of  the  Court  as  the  exigencies  of  the  case
require.

Writs  and
Orders.

He  shall  further  furnish  such  reports  and  returns  and  copies  of
proceedings  as  may  be  called  for  by  the  High  Court  or  the 1[2[State]
Government].

Reports  and
Returns.

11. The District Judge shall use a circular seal, two inches in diameter,
which  shall  bear  thereon 3[the  Asoka  Capital  Motif],  with  the  following
inscription  in  English  and  the  principal  language  of  the  district :—

Seal  of
District
Judge.

“ District  Court  of ”

———————

PART  IV

4[ JOINT DISTRICTS JUDGES.]

12. The 1[2[  State]  Government  ]  may 5  *  *  *  appoint  in  any  District
a 4[  Joint  District  Judge]  who  shall  be  invested  with  co-extensive  powers
and  a  concurrent  jurisdiction  with  the  District  Judge,  except  that  he  shall
not  keep  a  file  of  civil  suits  and  shall  transact  such  civil  business  only  as
he  may  receive  from  the  District  Judge,  or  as  may  have  been  referred  to
the 4[  Joint  District  Judge]  by  order  of  the  High  Court.

Power  to
appoint
4[Joint
District
Judges.]

6*

*

*

1 The words “Provincial Government” were substituted for the words “Govemment of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

2 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

3 These  words  were  substituted  for  the  words  “the  Royal  Arms”  by  Bom.  22  of  1949,  s.  3.

4 These  words  were  substituted  for  the  words  “Joint  Judge”  by  Mah.  27  of  1984,  s.  2(b).

5 The words “with the previous sanction of the Governor-General of India in Council” were
repealed by section 3 and the 2nd Schedule of the Bombay Repealing and Amending Act,
1910  (Bom.  I  of  1910).

6 The  second  clause  of  section  12  was  repealed.,  (by  section  3  and  2nd  Schedule  of  the

Bombay  Repealing  and  Amending  Act,  1910  (Bom.  I  of  1910).

H 4119—2

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

1[12A. The 2[State]  Government  may  appoint  the  District  Judge  or
the 3[Additional  District  Judge]  in  any  district  to  be  also  a 4[Joint  District
Judge]  in  another  district.  Such 4[Joint  District  Judge]  may  hold  his  Court
and  transact  civil  business  at  such  place  or  places  in  either  district  as  he
may  deem  fit.

13. All  Regulations  and  Acts  now  or  hereafter  in  force  and  applying
to  a  District  Judge  shall  be  deemed  to  apply  also  to  the 4[Joint  District
Judge]  and  the  seal  of  the 4[Joint  District  Judge]  shall  be  the  same  as  is
used  by  the  District  Judge.

PART  V

3[ ADDITIONAL DISTRICT JUDGES.]

14. The 5[2[  State]  Government  ] 6*  *  *  may  appoint  one  or  more

8[Additional  District  Judges]  to  the  District  Judge 6** 7**********.

6

Power  to
appoint
District  Judge
or
3[Additional
District
Judge] in one
district  to  be
4[Joint
district
Judge] in
another
district.

Enactments
applied  to
4[Joint
District
Judges,  Joint
District
Judge’s]  seal.

Power  to
appoint
3[Additional
District
Judges].

Situation  of
3[Additional
District
Judges] court.

15. An 3[Additional  District  Judge]  shall  ordinarily  hold  his  Court  at
the  same  place  as  the  District  Judge,  but  he  may  hold  his  Court  elsewhere
within  the  district,  whenever  the  District  Judge  shall,  with  the  previous
sanction  of  the  High  Court,  direct  him  so  to  do.

1 Section.  12A  was  inserted  by  s.  2  of  the  Bombay  Civil  Courts  (Amendment)  Act,  1942

(Bom.  11  of  1942),  read  with  s.  3  of  Bom.  48  of  1947.

2 This  word  was  substituted  for  the  word  “ Provincial ”  by  the  Adaptation  of  Laws  Order,

1950.

3 These words were substituted for the words “ Assistant Judge ” by Mah. 27 of 1984, s. 2(a).

4 These  words  were  substituted  for  the  words  “ Joint  Judge ”, (by  Mah.  27  of  1984  s.  2(b).

5 The words “ Provincial Government ” were substituted for the words “ Governor of Bombay

in  Council ”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

6 The  words “ under  the  general control  of  the  Governor-General of  India  in Council ”  and
“ and  may  suspend  or  remove  from  his  appointment  any  Assistant  so  appointed ”  were
omitted  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

7 The  words  “ The  present  Assistant  Judges  shall  be  the  first  Assistant  Judges  under  the

Act ”  were  repealed  by  the  Repealing  Act  1876  (12  of  1876).

8 These words were substituted for the word “ Assistants ” in accordance with provisions of

Mah.  27  of  1984,  s.  2  (c).

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

7

16. The  District  Judge  may  refer  to  any 1[Additional  District  Judge]
subordinate  to  him 2[any  original  suits  and  proceedings  of  a  civil  nature],
3[applications  or  references  under  special  Acts,]  and  miscellaneous
applications 4*.

Original
Jurisdiction
of
1[Additional
District
Judges.]

The 1[Additional  District  Judge]  shall  have  jurisdiction  to  try  such

suits  and  to  dispose  of  such  applications 5[or  references].

When  the 1[Additional  District  Judge’s]  decrees  and  orders  in  such
cases  are  appealable,  the  appeal  shall  lie  to  the  District  Judge  or  to  the
High Court according as the amount or value of the subject-matter does not
exceed  or  exceeds 6[one  crore  rupees].

7[*

*

*

*

*

*]

8[17. An 1[Additional  District  Judge]  shall  have  jurisdiction  to  try
such  appeals  from  the  decrees  and  orders  of  the  subordinate  Courts  as
would  lie  to  the  District  Judge  and  as  may  be  referred  by  him  to  the
1[Additional  District  Judge].

Appellate
jurisdiction  of
1[Additional
District
Judge].

Decrees and orders passed under this section by an 1[Additional District
Judge]  shall  have  the  same  force  and  shall  be  subject  to  the  same  rules  as
regards procedure and appeals as decrees and orders passed by the District
Judge].

18.

[Continuance  of

1[Additional  District  Judge’s ]  appellate

jurisdiction.]  Deleted  by  Bom.  XCIV  of  1958,  s.  6.

1 These  words  were  substituted  for  the  words  “Assistant  Judge”  by  Mah.  27  of  1984,  s.  2

(a).

2 These words were substituted for the words “original suits of which the subject matter does

not  amount  to  forty  thousand  rupees”  by  Mah.  10  of  1983,  s.  2(a).

3 These words were inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1900

(Bom.  I  to  1900).

4 The  words  “not  being  of  the  nature  of  appeals”  were  deleted  by  Bom.  94  of  1958,  s.  4.

5 The  words  “The  present  Assistant  Judges  shall  be  the  first  Assistant  Judges  under  the

Act”  were  repealed  by  the  Repealing  Act,  1876  (12  of  1876).

.

6 These  words  were  substituted  for  the  words  “ten  lakh  rupees”  by  Mah.  22  of  2015,  s.  2.

7 The words and figures “The Assistant Judge shall, when directed by the District Judge so

to do also take evidence on applications for certificates under Bombay Regulation 8 of 1827

(to  provide  for  the  formal  recognition  of  heirs,  executors  and  administrators  and  for  the

appointment  of  administrators  and  managers  of  property  by  the  Courts),  Act  No.  XXVII

of 1860 (for facilitating the collection of debts on succession and for the security of parties

paying debts to the representatives of deceased persons), were repealed by the Succession

Certificate  Act,  1889  (7  of  1889),  and  the  words and  figures  and  Act  No.  XX  of  1864  (for

making better provisions for the care of the persons and property of minors in the Presidency

of Bombay) and shall forward it with his opinion thereon for the final orders of the District

Judge,  ”  were  repealed  by  the  Guardians  and  Wards  Act,  1890  (8  of  1890).

8 This  section  was  substituted  for  the  original  by  Bom.  94  of  1958,  s.  5.

H 4119—3

8

Power  to
invest
4[Additional
District
Judge] with
powers  of
district
Judge.

4[Additional
District
Judge]  to  use
seal  of
District
Judge.

Number  of
subordinate
civil court.

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

19. The 1[2[State]  Government]  may,  by  notification  in  the 3[Official
Gazette],  invest  an 4[Additional  District  Judge]  with  all  or  any  of  powers
of  a  District  Judge  within  a  particular  Part  of  a  district,  and  may,  by  like
notification,  from  time  to  time  determine  and  alter  the  limits  of  such  part.

The  jurisdiction  of  an 4[Additional  District  Judge]  so  invested  shall
protanto  exclude  the  jurisdiction  of  the  District  Judge  from  within  the
said  limits.

Every 4[Additional  District  Judge]  so  invested  shall  ordinarily  hold
his  Court  at  such  place  within  the  local  limits  of  his  jurisdiction  as  may  be
determined  by  the 1[2[State]  Government],  and  may,  with  the  previous
sanction  of  the  High  Court  hold  it  at  any  other  place  within  such  limits.

20. Every 4[Additional District Judge] shall use the seal of the District

Judge  to  whom  he  is 5[Additional  District  Judge].

PART  VI

6[ CIVIL JUDGES]

21. There  shall  be  in  each  district  so  many  Civil  Courts  subordinate
*]  shall

to  the  District  Court  as  the 1[2[State]  Government], 7[*
from  time  to  time  direct :

*

8[Provided  that  for  special  reasons  it  shall  be  lawful  for  the 1[2[State]
Government], at any time to close temporarily any such Subordinate Court].

1 The words “Provincial Government” were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

2 This  word  was  substituted  for  the  word  ”Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

3 The  words “Official  Gazette”  were substituted  for  the words  “Government  Gazette” by  the

Adaptation  of  Indian  Laws  Order  in  Council.

4 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).

5 These  words  were  substituted  for  the  word  “Assistant”  in  accordance  with  provisions  of

Mah.  27  of  1984,  s.  2(c).

6 The  heading  “Civil  Judges”  was  substituted  for  the  heading  “Subordinate  Judges”  by  s.
2 of  the Bombay  Civil Courts  (Amendment) Act,  1945 (Bom.  10 of  1945) read  with Bom.
48  of  1947,  s.  3.

7 The words “acting under the general control of the Governor-General of India in Council”

were  omitted  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

8 This proviso was inserted by section 3 of the Bombay Civil Courts (Amendment) Act, 1900

(Bom.  I  of  1900).

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

22. The  Judges  of  such  Subordinate  Courts  shall  be  appointed  by  the

1[2[State]  Government],  and  shall  be  called 3[Civil  Judges].

4[ *

*

*

*

* ]

5[22A. The 1[2[State]  Government]  may,  by  notification  in  the Official
Gazette,  fix,  and,  by  a  like  notification,  from  time  to  time,  alter  the  local
limits  of  the  ordinary  jurisdiction  of  the 3[Civil  Judges].

9

Appointment
of 3[  Civil
Judges].

Power  to  fix
local  limits  of
Jurisdiction
of 3[Civil
Judges].

23. The 3[Civil  Judges] shall  hold  their Courts  at  such  place or  places
as  the 1[2[State]  Government]  may  from  time  to  time  appoint  within  the
local  limits  of  their  respective  jurisdiction :

Situation  of
Subordinate
Courts.

6[Provided  that  for  special  reasons  it  shall  be  lawful  for  the 1[2[State]
Government]  to  order  that  a 7[Civil  Judge]  shall  hold  his  Court  at  a  place
outside  the  local  limits  of  his  jurisdiction.]

Wherever  more  than  one  such  place  is  appointed,  the  District  Judge
shall,  subject  to  the  control  of  the  High  Court,  fix  the  days  on  which  the
7[Civil  Judge]  shall  hold  his  Court  at  each  of  such  places,  and  the 7[Civil
Judge]  shall  cause  such  days  to  be  duly  notified  throughout  the  local  limits
of  his  jurisdiction.

The  same  person  may  be  the  Judge  of  more  than  one  subordinate
Court 8[and may dispose of the civil business of any one of his Courts at the

1 The words “Provincial Government” were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

2 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

3 The words  “Civil Judges” were  substituted for the  words “Subordinate  Judges” by s.  3 of
the  Bombay  Civil  Courts  (Amendment)  Act,  1945.  (Bom.  10  of  1945)  read  with  Bom.  48
of  1947,  s.3.

4 The  words  “No  person  shall  be  appointed  a  Subordinate  Judge  unless  he  be  a  subject  of
Her Majesty or a subject of a Native Prince or State in India under the suzerainty of Her
Majesty, and is also a person who has practised three years as an advocate of a High Court
in  India  or  as  a  vakil  in  the  High  Court  of  Judicature  in  Bombay,  or  who  has  qualified
for  the  duties  of  a  subordinate  Judge  according  to  such  tests  as  may  for  the  time  being
be prescribed by such High Court, or who has taken the degree of Bachelor of Laws in the
University  of  Bombay.

The  tests  so  prescribed  by  the  High  Court  shall  be  notified  in  the  “Government  Gazette”
were  omitted  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

5 Section  22A  was  inserted  by  section  2  of  the  Bombay  Civil  Courts  Act,  1880  (9  of  1880).

6 This proviso was inserted by section 4 of the Bombay Civil Courts (Amendment) Act, 1900

(Bom.  1  of  1900).

7 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the
Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48  of
1947,  s.  3.

8 The words "and may dispose of the Civil business of any one of his Court at the headquarters

of  any  other  of  his  Courts"  were  inserted  by  section  2(1)  of  Bom.  7  of  1930.

10

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

Appointment
of  Joint
5[Civil
Judges].

headquarters  of  any  other  of  his  Court];  and  in  such  cases  the  District

Judge  shall,  subject  to  the  control  of  the  High  Court,  presecribe  rules  for

regulating  the  time  during  which  the 1[Civil  Judge]  shall  sit  in

each  Court.

2[For  the  purpose  of  assisting  the  Judge  of  any  subordinate  Court  in

the  disposal  of  the  civil  business  on  his  file, 3[the  High  Court  may  appoint

to  such  Court  from  the  members  of  the  Subordinate  Civil  Judicial  Service

of  the 4[State]]  one  or  more  Joint 5[Civil  Judges],  or  the  District  Judge

may,  with  the  previous  sanction  of  the  High  Court,  depute  to  such  Court

the Judge of another subordinate Court within the district. A 1[Civil Judge]

thus  appointed  or  deputed  to  assist  in  the  Court  of  another 1[Civil  Judge]

shall  dispose  of  such  civil  business  within  the  limits  of  his  pecuniary

jurisdiction  as  may,  subject  to  the  control  of  the  District  Judge,  be  referred

to  him  by  Judge  of  such  Court. 6[He  may  also  dispose  of  the  Civil  business

of  his  Court  at  the  place  of  his  deputation  subject  to  the  general  or  special

orders  of  the  High  Court  in  this  behalf.]

Provisions
applicable  to
Joint 5[Civil
Judges].

For  the  purpose  of  this  section  the  provisions  of  the  Act  applicable  to

5[Civil Judges] shall be and shall be deemed always to have been applicable

to  Joint 5[Civil  Judges]  :  Provided  that  no  such  Joint 1[Civil  Judge]  shall

hear  and  determine  any  suit  instituted  under  section  4  of  the  ‘Dekkhan

Agriculturists’ Relief Act, 1879, unless the value of the said suit falls within

the  limits  of  the  pecuniary  jurisdiction  conferred  on  him  by  that  Act.]

1 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the

Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48  of

1947,  s.  3.

2 These  two  paragraphs  were  substituted  for  the  original  last  paragraph  of  section  23  by

Bom.  1  of  1900,  s.  4.

The  original  paragraph  was  as  follows  :—

“The  Judge  of  any  subordinate  Court  may,  with  the  previous  sanction  of  the  High

Court, be deputed by the District Judge to the Court of another Subordinate Judge for

the  purpose  of  assisting  him  in  the  disposal  of  the  suits  on  his  file.”.

3 The words “the High Court may appoint to such Court from the members of the Subordinate

Civil  Judicial  Service  of  the  Province”  were  substituted  for  the  words  "  the  Governor  of

Bombay  in Council  may appoint  to such  Court"  by the  Adaptation of  Indian Laws  Order

in Council.

4 This  word  was  substituted  for  the  word  "  Provincial  "  by  the  Adaptation  of  Laws  Order,

1950.

5 The words  "Civil Judges" were  substituted for the  words "Subordinate  Judges" by s.  3 of

the  Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48

of  1947,  s.  3.

6 This  sentence  was  added  by  section  2(2)  of  Bom.  7  of  1930.

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

24. The 1[Civil  Judges]  shall  be  of  two  classes.

The  jurisdiction  of  a 2[Civil  Judge  (Senior  Division)]  extends  to  all

original  suits  and  proceedings  of  a  civil  nature.

11

Classes  of
1[Civil
Judges].

Jurisdiction
of 2[Civil
Judge (Senior
Division)].

The  jurisdiction  of  a 3[Civil  Judge  (Junior  Division)]  extends  to  all
original  suits  and  proceedings  of  a  civil  nature  where  in  the  subject  matter
does  not  exceed  its  amount  or  value 4[five  lakh  rupees]:

Jurisdiction
of 3[Civil
Judge (Junior
Division)].

5[Provided  that  the 6[7[State]  Government]  may  increase  the  limit  of
8[five  lakh  rupees  to  seven  lakh  fifty  thousand  rupees]  in  the  case  of  any
3[Civil  Judge  (Junior  Division)]  of  not  less  than  ten  years'  standing  and
specially  recommended  in  this  behalf  by  the  High  Court.  A 9[Civil  Judge]
so  empowered  shall  continue  to  exercise  this  power  so  long  and  as  often
as  he  may  fill  the  office  of  a 3[Civil  Judge  (Junior  Division)],  without
reference  to  the  District  in  which  he  may  be  employed,  unless  the  powers
are  withdrawn  by 10[the 7[State]  Government]].

1 The words  “Civil Judges” were  substituted for the  words “Subordinate  Judges” by s.  3 of
the  Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48
of  1947,  s.  3.

2 The  words  “Civil  Judge  (Senior  Division)”  were  substituted  for  the  words  “Subordinate
Judge of the First Class” by s. 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom.
10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

3 The  words  “Civil  Judge  (Junior  Division)”  were  substituted  for  the  words  “Subordinate
Judge  of  the  Second  Class”  by  s.  6  of  the  Bombay  Civil  Courts  (Amendment)  Act,  1945
(Bom.  10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

4 These words were substituted for the words “one lakh rupees” by Mah. 44 of 2011, s. 3(a).

5 The  proviso  was  added  by  section  3  of  Bom.  7  of  1930.

6 The words “Provincial Government” were substituted for the words “Governor in Council”

by  the  Adaptation  of  Indian  Laws  Order  in  Council.

7 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

8 These  words  were  substituted  for  the  words  “one  lakh  rupees  to  one  lakh  fifty  thousand

rupees”  by  Mah.  44  of  2011,  s.  3(b).

9 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the
Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48  of
1947,  s.  3.

10 The words “the Provincial Government” were substituted for the word “Government” by the

Adaptation  of  Indian  Laws  Order  in  Council.

(G.C.P.) H 4119—4 (2,542—3-2016)

12

Special
Jurisdiction
of 1[Civil
Judge (Senior
Divisions)].

Appeals  from
his  decision.

Appellate
jurisdiction  of
1[Civil  Judge
(Senior
Division)] or
Judge of
Court  of
Small
Causes.

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

25. A 1[Civil  Judge  (Senior  Division)]  in  addition  to  his  ordinary
jurisdiction,  shall  exercise  a  special  jurisdiction  in  respect  of  such  suits
and  proceedings  of  a  civil  nature, 2[*
*  ]as  may  arise  within  the
local  jurisdiction  of  the  Courts  in  the  district  presided  over  by 3[Civil
Judge  (Junior  Division)] 4[and  wherein  the  subject-matter  exceeds  the
pecuniary  jurisdiction  of  the 5[Civil  Judge  (Junior  Division)]  as  defined  by
section  24.]

*

In  districts  to  which  more  than  one 1[Civil  Judge  (Junior  Division)]
have  been  appointed,  the  District  Judge  to  the  orders  of  the  High  Court,
shall assign to each the local limits within which his said special jurisdiction
is  to  be  exercised.

26.

In  all  suits decided  by  a 6[Civil  Judge] 7[*

* * *  ]  of  which  the
amount or value of the subject-matter exceeds 8[one crore rupess] the appeal
from  his  decision  shall  be  direct  to  the  High  Court.

27.

9[ 10[  State]  Government]  may  invest  any 1[Civil  Judge  (Senior
Division)] 11[or  any  Judge  of  the  Court  of  Small  Causes  established  under
the  Provincial  Small  Cause  Courts  Act,  1887,  in  any  place  to  which  this
section  extends]  with  power  to  hear  appeals  from  such  decrees  and  orders
of  Subordinate  Courts  as  may  be  referred  to  him  by  the  Judge  of  the
district.

IX of
1887.

Decrees  and  orders  so  passed  in  appeal  by  a 1[Civil  Judge  (Senior
Division)] 11[or Judge of a Court of Small Causes] shall have the same force
as  if  passed  by  a  district  Judge.

1 The  words  “Civil  Judge  (Senior  Division)”  were  substituted  for  the  words    “Subordinate
Judge  of  the  First  Class”  by  s.  5  of  Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.

10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

2 The words “wherein the subject-matter exceeds five thousand rupees in amount or value”

were  omitted  by  section  4  (1)  of  Bom.  7  of  1930.

3 The  words  “Civil  Judge  (Junior  Division)”  were  substituted  for  the  words  “Subordinate

Judge  of  the  Second  Class”  by  s.  7  of  the  Bombay  Civil  Courts  (Amendment)  Act,  1945
(Bom.  10  of  1945),  read  with  Bom.  48  of  1947,  s.  3.

4 These  words  and  figures  were  added  by  section  4  (2)  of  Bom.  7  of  1930.

5 The  words  “Civil  Judge  (Junior  Division)”  were  substituted  for  the  words  “Subordinate

Judge  of  the  Second  Class”  by  s.  6  of  the  Bombay  Civil  Courts  (Amendment)  Act,  1945
(Bom.  10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

6 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the
Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947

s.  3.

7 The words “of the First Class in the exercise of his ordinary and special original jurisdiction”

were  repealed  by  section  2  of  Act  28  of  1930.

8 These  words  were  substituted  for  the  words  “ten  lakh  rupees”  by  Mah.  32  of  2015,  s.  3.

9 The words “Provincial Government” were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

10 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

11 These words were inserted by section 5 of the Bombay Civil Courts (Amendment) Act, 1900

(Bom.  I  of  1900).

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

13

1[A 2[Civil  Judge  (Senior  Division)]  or  a  Judge  of  a  Court  of  Small
Causes,  on  whom  the  power  of  hearing  appeals  has  once  been  conferred
under  this  section,  shall  continue  to  have  this  power  so  long  and  so  often
as  he  may  fill  the  office  of 2[Civil  Judge  (Senior  Division)]  or  Judge  of  a
Court  of  Small  Causes  respectively,  without  reference  to  the  district  in
which  he  may  be  employed  :

Provided  that  the 3[4[State]  Government]  may,  by  notification  in  the

5[Official  Gazette],  at  any  time  withdraw  such  power.]

6[28. (1) The High Court may invest any Civil Judge with the jurisdiction
of  a  Court  of  Small  Causes  for  the  trial  of  suits  cognizable  by  such  Courts
upto  such  amount  as  it  may  deem  proper,  not  exceeding  in  the  case  of  a
Civil  Judge  (Senior  Division) 7[  twelve  thousand  rupees]  and  in  the  case  of
a  Civil  Judge  (Junior  Division) 8[six  thousand  rupees].

Power  to
invest  Civil
Judges  with
small  causes
powers.

(2) A  Civil  Judge  (Senior  Division)  or  a  Civil  Judge  (Junior  Division),
who  is  invested  with  the  Jurisdiction  of  a  Court  of  Small  Causes  under
sub-section  (1),  shall  continue  to  have  such  jurisdiction  within  the  local
limits  of  his  ordinary  jurisdiction  so  long  and  as  often  as  he  may  fill  the
office  of  Civil  Judge  (Senior  Division)  or  Civil  Jidge  (Junior  Division),  as
the  case  may  be,  without  reference  to  the  District  in  which  he  may  be
employed.

(3) The  High  Court  may,  whenever  it  thinks  fit,  withdraw  such

jurisdiction  from  any  Civil  Judge  so  invested.]

9[28A.

(1)  The  High  Court  may  by  general  or  special  order  invest  any
10[Civil  Judge]  within  such  local  limits  and  subject  to  such  pecuniary
limitation as may be prescribed in such order, with all or any of the powers
of a District Judge or a District Court as the case may be, under the Indian
Succession  Act,  1865, 11[the  Probate  and  Administration  Act,  1881  ],  or
paragraph  3  of  Schedule  III  to  the  Code  of  Civil  Procedure,  1908.

Power  to
invest 10[Civil
Judges]  with
jurisdiction
under certain
Acts.

X  of  1865.
V  of  1881.

V  of  1908.

1 This  paragraph was  substituted  for  the original  paragraph  by Bom.  1  of  1900, section  5.

The  original  paragraph  was  as  follows  :—

“The  Governor  of  Bombay  in  Council  may,  whenever  he  thinks  fit,  withdraw  such

jurisdiction  from  any  Subordinate  Judge  so  invested.”.

2 The  words  “Civil  Judge  (Senior  Division)”  were  substituted  for  the  words  “Subordinate
Judge of the First Class” by s. 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom.
10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

3 The words “Provincial Government” were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  laws  Order  in  Council.

4 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,

1950.

5 The words “Official  Gazette” were  substituted for the  words “Government  Gazette” by  the

Adaptation  of  Indian  Laws  Order  in  Council.

6 This  section  was  substituted  for  the  original  by  Bom.  94  of  1958.  s.  7.

7 These words were substituted for the words “three thousand rupees” by Mah. 35 of 2001,

s.  2(a).

8 These  words  were  substituted  for  the  words  “one  thousand  and  five  hundred  rupees”  by

Mah.  35  of  2001,  s.  2(b).

9 Section 28A was inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1912

(Bom.  5  of  1912).

10 The  words  “Civil  Judges”  were  substituted  for  the  words  “Subordinate  Judge”  by  s.  4  of
the  Bombay  Civil  Courts  (Amendment)  Act,  1945  (Bom.  10  of  1945)  read  with  Bom.  48
of  1947,  s.  3.

11 See  now  the  Indian  Succession  Act,  1925.

H 4119—4a

14

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

Transfer  of
pending  suits
and  appeals.

(2) Every order made by a 1[Civil Judge] by virtue of the powers conferred
upon him under sub-section (1) shall be subject to appeal to the High Court
or the District Court according as the amount or value of the subject-matter
exceeds  or  does  not  exceed 2[one  crore  rupees].

(3) Every order of the District Judge passed an appeal under sub-section
(2) from the order of a 1[Civil Judge] shall be subject to an appeal to the High
Court under the rules contained in the Code of Civil Procedure applicable to
appeals  from  appellate  decrees.]

3[28B. On  the  commencement  of  the  Bombay  Civil  Courts  (Amend-

ment) Act, 2011,—

(1) all suits in which the amount or value of the subject matter does
not  exceed  rupees  five  lakhs  and  which  are  pending  before  the  Court  of
Civil  Judge  (Senior  Division),  immediately,  before  such  commencement,
shall  stand  transferred  to  the  concerned  Court  of  Civil  Judge  (Junior
Division) and such court may deal with such suit from the stage which was
reached before such transfer or from any earlier stage or de-novo as such
court may deem fit ;

(2) all  appeals  in  which  the  amount  or  value  of  the  subject  matter
does  not  exceed  rupees  ten  lakhs  and  pending  before  the  High  Court
immediately  before  such  commencement,  shall  stand  transferred  to  the
concerned  District  Court  and  such  District  Court  may  deal  with  such
appeal from the stage which was reached before such transfer or from any
earlier stage or de-novo as such court may deem fit :

Provided  that,  this  section  shall  not  apply  to  any  suits  and  appeals
which are pending before the Court of Civil Judge (Senior Division) or, as
the  case  may  be,  before  the  High  Court,  which  are  statutorily  provided
under  the  relevant  enactment  before  such  Court.].

Mah.
XLIV  of
2011.

Transfer  of
pending
appeals.

4[28C. On  the  commencement  of  the  Maharashtra  Civil  Courts
(Amendment)  Act,  2015,  all  appeals  in  which  the  amount  or  value  of  the
subject  matter  does  not  exceed  one  crore  rupees  and  pending  before  the
High  Court  immediately  before  such  commencement,  shall  stand
transferred  to  the  concerned  District  Court  and  such  District  Court  may
deal  with  such  appeal  from  the  stage  which  was  reached  before  such
transfer or from any earlier stage or de-novo as such court may deem fit :

Mah.
XXII of
2015.

Provided  that,  this  section  shall  not  apply  to  any  appeals  which  are
pending  before  the  High  Court,  which  are  statutorily  provided  under  the
relevant  enactment  before  such  Court.].

Seal  of 1[Civil
Judge].

29. Each 1[Civil Judge] shall use a seal one inch and-a-half in diameter,
bearing 5[the  Asoka Capital  Motif] with  the following  inscription in  English
and  the  principal  language  of  the  district:—

“1[Civil  Judge]  of

*”

30, 31.

[First Subordinate Judges;  Pending proceedings.] Rep.  Act XII

of 1876.

1 The  words  “Civil  Judge”  were  substituted  for  the  words  “Subordinate  Judge”  by  s.  4  of  the
Bombay Civil Courts (Amendment)  Act, 1945 (Bom. 10 of 1945) read with  Bom. 48 of 1947,
s.  3.

2 These words were substituted for the words “Ten lakh rupeees” by Mah. 22 of 2015, s. 4.

3 Section  28B  was  inserted  by  Mah.  22  of  2015,  s.  6.

4 This  section  was  inserted  by  Mah.  22  of  2015,  s.  5.

5 These  words  were  substituted  for  the  words  “the  Royal  Crown’  by  Bom.  22  of  1949,  s.4.

15

Governments
suits.

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

1[32.

(1)  No  subordinate  Court  other  than  the  Court  of 2[Civil  Judge
(Senior  Division)]  and  no  court  of  small  causes  shall  receive  or  register  any
suit in which 3[the Crown] or any officer of the 4[Government] in  his official
capacity is a party.

(2) In every such case the Plaintiff shall be referred to Court of the 2[Civil
Judge (Senior Division)] and such suit shall be instituted only in the Court of
the 2[Civil Judge (Senior Division)] and shall be heard by such 5[Civil Judge],
subject to the provisions of section 24 of the Code of Civil Procedure, 1908.

(3)  Nothing  in  this  section  shall  be  deemed  to  apply  to  a  suit  against
the  administration  of  a  Government  Railway  ;  or  to  apply  to  any  suit
merely  because  an  officer  of  the 6[Government]  is  a  party  thereto,  in  his
capacity  of,—

V  of
1908.

(a) member  of  a  local  authority,

(b) curator,  guardian,  manager  or  representative  of  a  private
person  or  estate  in  virtue  of  an  appointment,  delegation,  declaration
or  exercise  of  powers  under  :—

V of
1908.
IV of
1912.
VII of
1890.
Bom. VI
of 1862.
Bom. 1
of 1905.

(i)  Order  32,  rule  4(4),  of  the  Code  of  Civil  Procedure,  1908 ;

(ii)  Section  69  or  71  of  the  Indian  Lunacy  Act,  1912  ;

(iii) Section 7,18 or 42 of the Guardians and Wards Act, 1890;

(iv)  Section  1  or  17  of  the  Ahmedabad  Talukdars  Act,  1862 ;

(v)  Section  3,  19(1),  19(2),  20,  22(1)  or  41(1)  of  the  Bombay

Court  of  Wards  Act,  1905].

REMOVEL OR SUSPENSION

33. [Commission  of  inquiry  into  alleged  misconduct.] Omitted  by  the

Adaptation  of  Indian  Laws  Order  in  Council.

34. [Suspension  of  Subordinate  Judges  by  High  Court ;  By  District  Judge

Saving  power  of  Government  to  suspend  or  dismiss.] Omitted,  ibid.

PART  VII

TEMPORARY VACANCIES

Temporary
vacancy in
office  of
District
Judge.

7[35.

In  the  event  of  the  death  of  the  District  Judge  or  of  his  absence
from  his  district  on  leave  or  of  his  becoming  incapable  of  acting,  the  first
in  rank  of  the 8[Joint  District  Judge]  in  the  district,  or  in  the  absence  of
any 8[Joint  District  Judge]  the  first  in  rank  of  the 9[Additional  District
Judge]  in  the  district,  or  in  the  absence  of  any 8[Joint  District  Judge]  and
4[Additional  District  Judge]  the  first  in  rank  of  the  Civil  Judges  in  the
district,  shall  assume  charge  of  the  District  Court  without  interruption  to
1 This  section was  substituted  for the  original  section 32  by  section 2  of  the Bombay  Civil

2

Courts  (Amendment)  Act,  1926  (Bom.  VI  of  1926).
'The  words  “Civil  Judge  (Junior  Division)”  were  substituted  for  the  words  “Subordinate
Judge of the First Class”, by s. 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom.
10  of  1945)  read  with  Bom.  48  of  1947,  s.  3.

3 The  words  “the  Crown”  were  substituted  for  the  words  “the  Secretary  of  State  for  India

In  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

4 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
5 The  words  “Civil  Judge”  were  substituted  for  the  words  “Subordinate  Judge”  by  s.  4  of  the
Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947,
s.  3.

6 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
7 Section  35  was  substituted  for  the  original  by  Mah.  46  of  1977,  s.  17.
8 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
9 These  words  were  substituted  for  the  words  “Joint  Judge”  by  Mah.  27  of  1984,  s.  2  (b).

16

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

his  ordinary  jurisdiction,  and  while  so  in  charge,  shall  perform  the  duties
of  a  District  Judge  with  respect  to  the  filing  of  suits  and  appeals,  receiving
pleadings,  execution  processes,  return  of  writs  and  the  like  and  shall  also
dispose  off  any  urgent  suit,  appeals  and  other  proceedings  (including  any
applications  or  references  under  any  special  Acts)  which  are  or  may  be
filed  or  pending  before  the  District  Judge.  The  Judge  performing  such
duties and exercising such powers shall be designated 1[Joint District Judge],
2[Additional  Judge]  or  Civil  Judge,  as  the  case  may  be,  in  charge  of  the
district,  and  shall  continue  in  such  charge  until  the  office  of  the  District
Judge  may  be  resumed  or  assumed  by  an  officer  duly  appointed  thereto.]

Delegation  of
powers  of
District
Judge.

36. Any  District  Judge  leaving  the  said  station  and  proceeding  on  duty
to  any  place  within  his  district  may 3[where  on 1[Joint  District  Judge]  is
available]  delegate  to  an 2[Additional  District  Judge],  or  in  the  absence  of
an 2[Additional  District  Judge]  to 4[Civil  Judge]  at  the  said  station,  the
power  of  performing  such  of  the  duties  enumerated  in  section  35  as  may
be  emergent;  and  such  officer  shall  be  designated, 5[Additional  District
Judge]  or 4[Civil  Judge],  as  the  case  may  be,  in  charge  of  the  said  station.

Temporary
vacancy of
office  of
Subordinate
Judge.

37.

In  the  event  of  the  death,  suspension  or  temporary  absence  of  any
4[Civil Judge], the District Judge may empower the Judge of any Subordinate
Court of the same district to perform the duties of the Judge of the vacated
Subordinate  Court,  either  at  the  place  of  such  court  or  his  own  Court;  but
in every such case the registers and records of the two Courts shall be kept
distinct.

PART  VIII

MINISTERIAL OFFICERS

38.

[Appointment etc. of ministerial officers] Omitted by the Adaptation

of  Indian  Laws  Order  in  Council.

Duties  of
ministerial
officers.

Power  to
appoint  clerks
of  the  Courts.

39. The  duties  of 6[the  ministerial  officers  of  the  Civil  Courts]  shall
be  regulated  by  such  rules  as  the  High  Court  may  from  time  to  time
prescribe.

40.

7[There  may  be  appointed  to  any  Civil  Court  under  this  Act]  a
clerk  of  the  Court,  who,  in  addition  to  such  duties  as  may  from  time  be
prescribed  by  the  High  Court,  may  receive  and  register  plaints,  and  shall
refer such as he may consider should be refused for the orders of the Judge
of  the  Court,  and  may  sign  all  processes,  an  authenticate  copies  of  papers.

1 These  words  were  substituted  for  the  words  "“Joint  Judge”  by  Mah.  27  of  1984,  s.  2  (b).
2 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s 2(a).
3 These  words  were  inserted  by  Mah.  46  of  1977,  s.  18.
4 The  words  “Civil  Judge”  were  substituted  for  the  words  “Subordinate  Judge”  by  s.  4  of  the
Bombay Civil Courts (Amendment)  Act, 1945 (Bom. 10 of 1945) read with  Bom. 48 of 1947,
s.  3.

5 These words were substituted for the words “Assistant” in accordance with the provisions

of  Mah.  27  of  1984,  s.  2  (c).

6 The words “the ministerial officers of the Civil Courts” were substituted for the words “the

said  ministerial  officers”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

7 The words “There may be appointed to any Civil Court under this Act” were substituted for
the words “The District Judge may, under the general control of the Governor of Bombay in
Council appoint to any Civil Court under this Act within the local limits of his jurisdiction”,
ibid.

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

17

40A.

[Powers  to  transfer  clerks  of  the  Court  or  ministerial  officer.]

Omitted  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

PART  IX

MISCELLANEOUS

41. The  proceedings  of  each  Civil  Court  shall  be  kept  and  recorded
according to such  rules as the High  Court may from time  to time prescribe.
The  High  Court  shall  also  lay  down  rules  under  which  copies  of  papers
may  be  granted.

Rules  for
keeping
proceedings.

1[41A.

(1) The High Court may, from time to time, make rules consistent

with  this  Act  and  any  other  enactment  for  the  time  being  in  force—

Licensed
petition
writers.

(a) declaring what persons shall be permitted to act as petition-writers

in  the  Courts  Subordinate  to  it;

(b) regulating  the  issue  of  licences  to  such  persons,  the  conduct  of

business  by  them,  and  the  scale  of  fees  to  be  charged  by  them ;  and

(c) providing  a penalty  of fine  not exceeding  fifty rupees  for the  breach
of any of the rules so made, and determining the authority by which such
breaches  of  the  rules  shall  be  investigated  and  the  penalties  imposed.

(2) Every  fine  imposed  under  clause  (c)  of  sub-section  (1)  shall  be
recoverable  as  if  it  were  a  fine  imposed  by  a  Magistrate  in  the  exercise  of
his  ordinary  jurisdiction.]

42. The  High  Court  shall  from  time  to  time,  with  the  sanction  of  the
2[3[State]  Government],  prescribe  and  regulate  the  fees  to  be  taken  for  any
process  issued  by  any  Court  the  constitution  of  which  is  declared  by  this
Act,  or  by  an  officer  of  such  Court.

Fees  for
process.

Tables of the fees so prescribed shall be published in the 4[Official Gazette].

43. The District and Subordinate Courts shall sit from day to day except
* * *  ]and  such  other  days  as  may  be  sanctioned  for

on  Sundays, 5[*
each  or  every  district  by  the  High  Court.

Sittings  of
courts.

1 Section 41A was inserted by section 9 of the Bombay Civil Courts (Amendment) Act, 1900

(Bom.  1  of  1900).

2 These words “Provincial Government” were substituted for the words “Governor of Bombay

in  Council”  by  the  Adaptation  of  Indian  Laws  Order  in  Council.

3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order 1950.

4 The words “Official  Gazette” were  substituted for the  words “Government  Gazette” by  the

Adaptation  of  Indian  Laws  Order  in  Council.

5 The  words  “New  Year's  Day,  Good  Friday  and  Christmas  Day”  were  deleted  by  Mah.  10

of  1983,  s.  5.

18

Maharashtra  Civil  Courts  Act

[1869 : Act XIV

Vacation.

The  High  Court  may  also  permit  the  Civil  Courts  under  its  control  to
adjourn  for  a  period  or  periods  not  exceeding  in  the  whole  six  weeks  in
each  year.

——————

THE SCHEDULE

ENACTMENTS REPEALED

[Rep. Act XIV of 1870.]

GOVERNMENT CENTRAL PRESS, MUMBAI

1869 : Act XIV]

Maharashtra  Civil  Courts  Act

5

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : (022) - 23632693, 23630695,

23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : (020) - 26125808, 26124759, 26128920

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : (0712) - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : (0240) - 2331468,

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : (0231)-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

