The arunachal pradesh civil court act 2021

  
The Arunachal Pradesh Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
No. 108, Vol. XXVIII, Naharlagun, Monday, April 12, 2021 Chaitra 22, 1943 (Saka) 
  
  
GOVERNMENT OF ARUNACHAL PRADESH 
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT 
CIVIL SECRETARIAT 
ITANAGAR 
The 12th April, 2021 
No. LAW/LEGN-6/2021.—The following Act which was passed by the Arunachal Pradesh 
Legislative Assembly in the Sixth Session of the Seventh Legislative Assembly and received 
the assent of the Governor of Arunachal Pradesh is hereby published for general information. 
(Received the assent of the Governor on Sth April, 2021) 
THE ARUNACHAL PRADESH CIVIL COURTS ACT, 2021 
AN 
ACT 
to consolidate the law relating to Civil Courts and for establishment of various Civil Courts 
for speedy disposal of Civil cases in the State of Arunachal Pradesh and matters connected 
therewith and incidental thereto ; 
BE it enacted by the Legislative Assembly of the State of Arunachal Pradesh in the 
Seventy-second Year of the Republic of India as follows,- 
CHAPTER — | 
PRELIMINARY 
1. Short title, extent and commencement : 
(1) This Act may be called the Arunachal Pradesh Civil Courts Act, 2021 
(2) It extends to the whole of the State of Arunachal Pradesh. 
(3) It shall come into force on the date of its publication in the Official Gazette. 
2. Definitions : In this Act unless the context otherwise requires. 
(a) "Assistant Commissioner" means and includes Assistant Commissioner, Extra 
Assistant Commissioner, Sub-Divisional Officer and Circle Officer ; 
(b) "Civil court" means a court of a District Judge, a Court of and Additional District Judge, 
a Court of Civil Judge (Senior Division), a Court of Civil Judge (Junior Division) or a 
Customary Court including Village Authorities by whatever name called under the 
Assam Frontier (Administration of Justice) Regulation, 1945 ; 
(c) "Code" means the Code of Civil Procedure, 1908 (Act No. 5 of 1908) ; 
(d) "Customary Court" means Court of traditional council or authority of a village(s) indigenous 
to the State by whatever name called, and includes a court of village authority under 
section 5 of the Assam Frontier (Administration of Justice) Regulation, 1945. 
(e) “Deputy Commissioner" means Deputy Commissioner of a district and includes 
an Additional Deputy Commissioner as defined under Regulation 2 of the Assam 
Frontier (Administration of Justice) Regulation 1945 ; 
(f) "District" means a revenue district or such local area as the Government may, from 
time to time, notify to be a district for the purposes of this Act ;
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(g) "Governor" means the Governor of Arunachal Pradesh ; 
(h) "Government" means the Government of Arunachal Pradesh ; 
(i) "High Court" means the Gauhati High Court ; 
(j) "Notification" means a notification published in the Official Gazette ; 
(k) "Official Gazette" means The Arunachal Pradesh Gazette ; 
(I) "Prescribed" means prescribed by rules made under this Act ; 
(m) "Section" means a section of this Act ; 
(n) "Service" means the Arunachal Pradesh Judicial Service ; 
(0) "State" means State of Arunachal Pradesh. 
CHAPTER - Il 
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS 
3. Classes of Civil Court: 
In addition to the Courts established under any other law for the time being in force, there 
shall be established the following classes of Civil Courts in the State,- 
(a) Court of a District Judge ; 
(b) Court of an Additional District Judge ; 
(c) Court of a Civil Judge (Senior Division) ; 
(d) Court of a Civil Judge (Junior Division) ; 
(e) Customary Court. 
4. Establishment of Courts of District Judge: 
(1) There may be established by the Government, by notification, a court of the District 
Judge, in consultation with the High Court, for a district or more than one district. 
(2) Each court of a District Judge shall be presided over by a Senior Judge to be called as 
District Judge. 
5. Establishment of Courts of Additional District Judge : 
(1) There may be established by the Government, in consultation with the High Court, 
such numbers of the Court of Additional District Judge for a district or more than one district as 
may be necessary. 
(2) Each Court of an Additional District Judge shall be presided over by a Judge to be 
called as Additional District Judge. 
6. Establishment of Courts of Civil Judge (Senior Division) : 
(1) There may be established by the Government, in consultation with the High Court, 
such numbers of the Court of Civil Judge (Senior Division) for a district or more than one district 
as may be necessary. 
(2) Each Court of a Civil Judge (Senior Division) shall be presided over by a Judge to be 
called as Civil Judge (Senior Division). 
7. Establishment of Courts of Civil Judge (Junior Division) : 
(1) There may be established by the Government, by notification in each District a Court 
of Civil Judge (Junior Division) or such number of Court of the Civil Judge (Junior Division) as may 
be necessary with such jurisdictions in consultation with the High Court. 
(2) Each Court of a Civil Judge (Junior Division) shall be presided over by a Judge to be 
called as Civil Judge (Junior Division). 
8. Location of Civil Courts : 
(1) The place or places at which every Civil Court under this Act shall be fixed may, from 
time to time, be altered by the Government, in consultation with the High Court. 
(2) The place or places so fixed for a Civil Court under sub-section (1) may be within or 
outside the local limits of the jurisdiction of that Court. 
9. SealofaCivil Court : Every Civil Court under this Act, except the Customary Courts, 
shall use a seal which shall bear thereon the State emblem with the name of the Court in 
English language and shall be, in such form and of such dimensions as the Government may, 
in consultatian with the High Court, by order determine.
The Arunachal Pradesh Extraordinary Gazette, April 12, 2021 3 
10. Posting of District Judge, Additional District Judge, Civil Judge (Senior Division) 
and Civil Judge (Junior Division) : 
(1) No person other than a person belonging to Grade-l in the Arunachal Pradesh Judicial 
Service shall be eligible to be posted as a District Judge or as an Additional District Judge. 
(2) Noperson other than a person belonging to Grade-Il in the Arunachal Pradesh Judi- 
cial Service shall be eligible to be posted as a Civil Judge (Senior Division) or as an Additional 
Civil Judge (Senior Division). 
(3) No person other than a person belonging to Grade-lll in the Arunachal Pradesh Judi- 
cial Service shall be eligible to be posted as a Civil Judge (Junior Division) or as an Additional 
Civil Judge (Junior Division). 
Provided that : 
(i) The Courts of Deputy Commissioner existing under the Assam Frontier (Administra- 
tion of Justice) Regulation, 1945, in relation to administration of Civil Justice prior to com- 
mencement of this Act shall be deemed to be courts of District Judge under this Act in respect 
of appeals that lie from the Customary Courts until such time, such appeals are disposed of. 
(ii) The Courts of Assistant Commissioners administering Civil Justice under the Assam 
Frontier (Administration of Justice) Regulation, 1945 prior to commencement of this Act, shall 
be deemed to be the courts of Civil Judge (Junior Division) in respect of appeals that lie from 
the Customary Courts, until such time , such appeals are disposed of. 
(iii) The seal in a civil court deemed to be established under clauses (i) and 
(ii) immediately prior to the appointed date may continue to be used until an order is made by 
the High Court under section 9. 
CHAPTER — Ill 
JURISDICTION OF CIVIL COURTS 
11. Local limits of jurisdiction : 
(1) The Government may, by notification, fix and from time to time vary the local limits of 
jurisdiction of any Civil Court under this Act in consultation with the High Court. 
(2) The local limits of jurisdiction of a Civil Court existing immediately prior to the 
commencement of this Act shall, until it is fixed under this Act be deemed to be the local 
limits of jurisdiction of that court. 
12. Jurisdiction of a Court of District Judge and Additional District Judge : 
(1) ACourt of District Judge and where Court of Additional District Judge is available, 
such Court, shall be deemed to be the Civil court of original jurisdiction within the local limits of 
respective jurisdiction. 
(2) Subject to the provisions of the Code, the jurisdiction of a Court of District Judge shall 
extend to all original suits and proceedings of a civil nature. 
(3) ACourt of District Judge and the Court of Additional District Judge shall, subject to 
the general control of the High Court, have administrative control over all other Civil Courts within 
the local limits of respective jurisdiction. 
13. Jurisdiction of a Court of Civil Judge (Senior Division) : The jurisdiction of the 
court of a Civil Judge (Senior Division) shall extend to all original suits and proceedings of a 
civil nature as prescribed in Code of Civil Procedure, 1908. 
14. Jurisdiction of a Court of Civil Judge (Junior Division) : Thejurisdiction of a Court 
of Civil Judge (Junior Division) shall extend to all original suits and proceedings of a civil 
nature, and subject to the provisions of the Code of Civil Procedure, 1908 or any other law for 
the time being in force, the pecuniary jurisdiction of the Court of Civil Judge (Junior Division) 
shall extend to all Civil suits which do not exceed rupees ten lakhs or as may be prescribed by 
the Government in consultation with the High Court. 
15. Appeals etc. : 
(1) Appeals from the decree or order passed by a Court of District Judge and Courts of an 
Additional District Judge in original suits and proceedings of civil nature shall, when such ap- 
peals are allowed by law, lie to the High Court. 
(2) Appeals from the decrees and orders passed by a Court of Civil Judge (Senior Divi- 
sion) in original suits and proceedings of civil nature, shall when such appeals are allowed by 
law, lie to the Court of the District Judge of that district or in the Court of Additional 
District Judge where such Court exists or the High Court as the case may be.
4 The Arunachal Pradesh Extraordinary Gazette, April 12, 2021 
(3) Appeals from the decree or order passed by a Court of Civil Judge (Junior Division) 
in original suits or proceedings of a civil nature, shall, when such appeals are allowed by law, lie 
to the Court of Civil Judge (Senior Division) of the district. 
Provided that, any appeal on civil suits pending in the Courts of Deputy Commissioner 
shall be disposed of by the concerned Deputy Commissioner(s) under the provisions of the 
Assam Frontier (Administration of Justice) Regulation, 1945 as expeditiously as possible but, 
not later than one year from the date of coming into force of this Act. 
Provided further that, from the date of commencement of this Act, in case an appeal is 
preferred against the judgement of Customary Court in the Court of District Judge or in the Court 
of Additional District Judge as the case may be, the Court of District Judge or the Court of 
Additional District Judge, may dispose of the same or proceed with the case de novo. 
16. Power to require witness or party to make oath or affirmation : Every civil court 
other than a customary court under this Act shall require a witness or party to any suit or other 
proceedings pending in such court to make such oath or affirmation as prescribed by law for the 
time being in force. 
47. Judges not to try suits in which they are interested etc. : 
(1) No Judicial Officer or authority of customary court shall try any suit to, or in which he/ 
she is a party or personally interested. 
(2) No Judicial Officer or authority of customary court shall try any appeal against any 
decree or order passed by him/her in any other capacity. 
(3) When any such suit, proceedings or appeal comes before any such Judicial Officer 
he shall report the circumstances to the court to which he/she is immediately subordinate. The 
said superior court shall thereupon dispose of the case in the manner prescribed by section 24 
of the Code. 
18. Application of the Code : The procedure prescribed in the Code shall, save in 
so far as is otherwise provided by this Act, be the procedure followed in all civil courts 
except the Customary Courts. 
CHAPTER V 
MISCELLANEOUS 
19. Temporary vacancy of office of District Judge < In the event of the death of the 
District Judge or of his/her being prevented from performing his/her duties by illness or otherwise 
or of his/her absence on leave from the station in which his/her court is held, the Additional 
District Judge of the district and if there are more than one Additional District Judge, the senior 
most among them and if there are no Additional District Judge in the district, the senior most 
Civil Judge (Senior Division)) in the district, shall, without interruption to his/her ordinary duties 
assume charge of the office of the Court of District Judge and while so in charge , perform the 
duties of the District Judge with respect to the filing of suits and appeals, receiving pleadings, 
execution of processes, return of plaints and the like, and shall continue in charge of the said 
court until the same is resumed by a Judge duly posted thereto. 
20. Temporary vacancy of office of Civil Judge (Senior Division) or Civil Judge (Junior 
Division) : In the event of death, suspension or temporary absence of any Civil Judge 
(Senior Division) or Civil Judge (Junior Division) the District Judge may empower any Civil Judge 
(Senior Division) or Civil Judge (Junior Division) in the district to perform such duties of such Civil 
Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, as are specified in 
section 22 either at the place of such court or of his/her own court, but in every such case the 
registers and records of the two courts shall be kept distinct. 
21. Vacation and Holidays 
(1) The Civil Courts, except the Customary Courts in the State shall be closed on such 
days as may be notified by the High Court in consultation with the State Government as public 
holidays for the whole State or for such area in the State. 
(2) The Civil Courts in the State shall have such num ber of vacations in each year, as the 
High Court may, in consultation with the State Government, declare but the total number of 
days of such vacations shall not exceed fifteen days. 
(3) Notwithstanding anything contained in this Act or in the Code, the High Court, may, by 
general or special order appoint the District Judge or an Additional District Judge or a Senior 
Civil Judge as vacation judge for the district and for the duration of the adjournment of the court 
of District Judge in any vacation or any part thereof and regulate the work to be discharged by 
the vacation judge.
The Arunachal Pradesh Extraordinary Gazette, April 12, 2021 5 
(4) The local limits of jurisdiction of the vacation judge shall be the same as those of the 
Court of District Judge concerned and his jurisdiction shall extend to all suits, appeals and 
other proceedings pending in or cognizable by any Civil Court in the district concerned. 
(5) The vacation judge shall hold his/her court at the place at which Court of District Judge 
is normally held and he/she shall have administrative control over all the staff of all civil courts in 
the district. 
(6) Notwithstanding, the appointment of a vacation judge, every Civil Court in the district 
shall during the period it is adjourned for any vacation be deemed to be closed for the purpose 
of section 4 of the Limitation Act, 1963 (Act 36 of 1963). 
(7) Appeal from the decree or order of a vacation judge shall, when such appeal is allowed 
by law, lie to the High Court. 
(8) On the reopening of any Civil Court after any vacation, all suits, appeals and other 
proceedings pending before the vacation judge shall stand transferred to the Civil Court concerned, 
in which it would have been instituted or pending but for the appointment of the Vacation Judge. 
Any decree, order or proceedings passed by the vacation judge shall be deemed to be a decree, 
order or proceedings passed by the Court concerned. 
22. Subordination of Civil Courts : 
(1) Subject to the other provisions of this Act and the rules made thereunder, and any 
other law for the time being in force, all Civil Courts except the Customary Courts in a district, 
including the staff thereof, shall, subject to the control of the High Court, be subordinate to the 
Court of District Judge. 
(2) The Civil Courts other than a customary court shall maintain such forms, books of 
accounts, records, registers and the like, as may be specified by the High Court in consultation 
with the Government. 
(3) The Government may, for discharging their functions and responsibilities require through 
the High Court, the Civil Courts to furnish to the Government such particulars and information 
relating to the working of the courts and other matters as they may call from time to time. 
23. Power to invest Civil Judges (Senior Division) with jurisdiction under certain Acts : 
(1) The State Government, in consultation with the High Court may, by general or special 
order, invest any Civil Judge (Senior Division), within such local limits and subject to such 
pecuniary jurisdiction as may be specified in such order, with all or any of the powers of a 
District Judge or a Court of District Judge, as the case may be under the Indian Divorce Act, 
1869 (4 of 1869) the Indian Succession Act, 1925 (39 of 1925), the Special Marriages Act, 1954 
or the Guardian and wards Act, 1890 (8 of 1890) or such other Acts as may be deemed necessary. 
(2) Every order made by a Civil Judge (Senior Division) by virtue of the powers conferred 
upon him under sub-section (1) shall be subject to appeal to the Court of District Judge. 
(3) Every order of a Court of District Judge, passed on appeal under sub-section (2) from 
the order of a Civil Judge (Senior Division) shall be subject to an appeal to the High Court under 
the rules contained in the Code applicable to appeals from appellate decrees. 
24. Fees for process : The High Court shall from time to time, in consultation with the 
Government, prescribe and regulate by rules, the fees to be taken for any process issued by 
any Civil Court other than Customary Court. Such rule may provide for payment of process fee 
in a lump sum in advance along with the plaint. 
25. Modeofconferring powers : Exceptas otherwise provided, any power that may be 
conferred by the High Court on any person under this Act, may be conferred on such person 
either by name or by virtue of office. 
26. Power to make rules : 
(1) The Government may, in consultation with the High Court, by notification make 
rules to carry out the purposes of this Act. 
(2) Inparticular and without prejudice to the generality of the foregoing power, such rules 
may provide for all or any of the following matters, namely :- 
(a) the manner in which the proceedings of each Civil Court shall be kept and recorded ; 
(b) regulating the grant of certified copies of papers in Civil Courts ; 
(c) regulating the duties and functions of the ministerial staff and officers of the Civil 
Courts. 
(d) regulating the issue of licenses by the District Judge of the district to persons to act 
as petition writers in Civil Courts in that district and the conduct of business by them 
and the scale of fees to be charged by them.
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(e) providing penalty of such amount not exceeding one thousand rupees for breach of 
the rules made under clause (d) and the authority who could investigate the breach of 
rules and impose the penalty ; 
(f) Forms, books, registers, records and account to be maintained by the Civil Courts ; 
(g) Any other matter which in the opinion of the State Government has to be or may be 
prescribed for the effective enforcement of the Act and the administration of the Courts. 
(h) Any other matter including functioning of Customary Courts for effective enforcement 
of the Act. 
27. Amendment of the Assam Frontier (Administration of Justice) Regulation, 
1945 (No. 1 of 1945) : 
(1) Inthe Assam Frontier (Administration of Justice) Regulation, 1945 (No. 1 of 1945), 
hereinafter referred to as the Principal Regulation, from the date of commencement of this Act;- 
(i) In section 15, the words "the Deputy Commissioner, the Assistant Commissioner 
and" shall be deleted. 
(ii) Sections 16, 17 shall be deleted. 
(iii) In section 24, for the words, "Assistant Commissioner", the words "District Sessions 
Court" shall be substituted. 
(iv) Sections, 25, 26, 27 and 28 shall be deleted. 
(v) In section 36, the words “the deputy Commissioner, the Assistant Commissioner 
and" shall be deleted. 
(vi) Sections 37, 38 and 39 shall be deleted. 
(vii) In section 40, for the existing entries, the following shall be substituted ;- 
"The village authorities shall try all suits without limit of value, in which both the 
parties are indigenous to the State of Arunachal Pradesh". 
(viii) In section 41, for the words and figures, "Rupees 500" the words and figures, 
"Rupees 5000" shall be substituted. 
(ix) In section 42, for the words and figures, "Rupees 5000" the words and figures 
"Rupees 50,000" shall be substituted. 
(x) Sub-section (2) of section 44 shall be deleted. 
(xi) Sub-section (2) of section 45 shall be deleted. 
(xii) Sections 46,47,48,49,50, 51, 52, 53 and 55 shall be deleted. 
(xiii) Sub-sections (2) and (3) of section 56 shall be deleted. 
(xiv) In sections 57, 58 and 59 for the words "Deputy Commissioner" and "Assistant 
Commissioner" the words, "Village authorities” shall be substituted. 
(xv) Inthe Principal Regulation, for the word "Administrator" wherever appears the words 
"State Government" shall be substituted. 
(xvi) In the Principal Regulation, for the words "Union Territory" wherever appear the word 
"State" shall be substituted. 
28. Validation : 
(1) The previous operation of the Assam Frontier (Administration of Justice) Regulation, 
1945 as amended from time to time, and anything done or any action taken thereof in so 
far as it is not inconsistent with the provisions of this Act be deemed to have been done or 
taken under the corresponding provisions of this Act and shall continue to be in force unless and 
until the same is altered or amended. 
(2) Notwithstanding anything contained in any other law for the time being in force, any 
proceeding, suit pending in any Civil Court before commencement of this Act or any decree, 
orders passed by any such court shall be valid. 
29. Powertoremove difficulties : If any difficulty arises in giving effect to the provisions 
of this Act, the Government may, by order, not inconsistent with the provisions of the Act remove 
such difficulty. 
Onit Panyang, IAS 
Commissioner to the 
Government of Arunachal Pradesh, 
Itanagar. 
  
Published and printed by Directorate of Printing, Naharlagun-222/2021-DoP-250+(Commr.) LA+100 LA+100- 
(Secy. LA) +50-4-2021.

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