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The Ahmedabad City Courts Act, 1961

Gujarat · state statute
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The Ahmedabad City Courts Act, 1961 
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GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT  
 
 
 
 
 
 
 
 
 
 
 
GUJARAT ACT No. XIX OF 1961 
 
 
 
 
 
 
 
 
 
 
 
The Ahmedabad City Courts Act, 1961 
 
 
 
 
 
 
 
 
 
 
 
( As modified upto 31st May, 2012 ) 
 
 
 
The Ahmedabad City Courts Act, 1961 
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THE AHMEDABAD CITY COURTS ACT, 1961 
 
CONTENTS. 
 
PREAMBLE. 
SECTIONS.        Page No. 
CHAPTER I. 
PRELIMINARY. 
 
1. Short title and commencement. 
 
2. Definitions. 
 
CHAPTER II.  
CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF 
AHMEDABAD.  
 
3.  Constitution of City Court.  
 
4. Subordination to and superintendence by High Court.  
 
5. Appointment of Judges.  
 
6. Powers of Judges when City Court consists of more than one Judge.  
 
6A. Arrangement as to holding charge of office of Principal Judge during 
vacancy.  
 
7. Registrar. 
 
8. Questions arising in suits, etc. under Act to be dealt with according to law 
administered by District Court.  
 
9. Appeals and limitation. 
 
10. Seal of City Court. 
 
11. Holidays and vacation. 
 
12. Construction of references to District Court and District Judge in law s 
operating in City of Ahmedabad. 
 
CHAPTER III. [ Deleted.] 
 
13. [ Deleted.] 
 
14. [ Deleted.] 
 
15. [ Deleted.] 
 
16. [ Deleted.] 
 
CHAPTER IV. 
THE COURT OF SMALL CAUSES FOR THE CITY OF AHMEDABAD. 
 
17. Act No. XV of 1882 to come into force in the City of Ahmedabad. 
 
18. Amendment of Act No. XV of 1882 and Bom. LVII of 1947. 
 
CHAPTER V. 
MISCELLANEOUS. 
 
19. Enactments not to be in force in the City of Ahmedabad. 
 
20. Special provisions for transfer of pending proceedings. 
The Ahmedabad City Courts Act, 1961 
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SECTIONS.        Page No. 
 
21. Amendment of certain Acts in their application to the City of Ahmedabad. 
 
22. Construction of reference to City of Ahmedabad in Acts. 
 
23. Special provisions for transfer or continuance of pending proceedings on 
inclusion of area. 
 
24. Special provision for tra nsfer or continuance of pending proceedings on 
exclusion of area. 
 
25. Removal of doubt. 
 
SCHEDULE 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The Ahmedabad City Courts Act, 1961 
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GUJARAT ACT NO. XIX OF 19611  
 
[THE AHMEDABAD CITY COURTS ACT, 1961.] 
[15th May 1961.] 
 
Amended by Guj. 32 of 1961. 
Amended by Guj. 51 of 1963. 
Amended by Guj. 21 of 1964. 
Amended by Guj. 31 of 1973. 
Amended by Guj. 33 of 1980. 
 
An Act to provide for the constitution of Civil and Criminal 
Courts for the City of Ahmedabad and for other 
matters connected therewith. 
 
It is  hereby enacted in the Twelfth Year of the Republic of India as 
follows:— 
CHAPTER I. 
PRELIMINARY. 
 
1. (1) This Act may be called the Ahmedabad City Courts Act, 1961. 
 
(2) This section shall come into force at once and the remaining provisions of 
this Act shall come into force on such day as the State Government may by 
notification in the Official Gazette appoint. 
 
2. In this Act, unless the context otherwise requires— 
 
2[(1A) "Amending Act" means the Ahmedabad City Courts (Amendment) 
Act, 1980;] 
 
(1) " appointed day" means the day on which the remaining provisions of this 
Act come into force under sub- section (2) of section 1; 
 
3[(2) "City of Ah medabad" means the areas within the limits of the City of 
Ahmedabad as constituted under the Corporations Act, immediately before 
the specified date : 
 
Provided that as and when the limits of the City of Ahmedabad as 
constituted under the Corporations Act,  are altered under sub -section (2) of 
section 3 of that Act, by the inclusion therein, or exclusion therefrom, of any 
area, the State Government may, by a notification in the Official Gazette, alter 
the limits of the City of Ahmedabad as defined in this cl ause by including 
therein, or excluding therefrom, with effect on and from such date as may be 
specified in such notification, any such area as is so included in, or excluded 
from, the limits of the City of Ahmedabad as constituted under the 
Corporations Act;] 
 
(3) "City Court" means the Court established under section 3; 
 
4[(4) "Corporations Act" means the Bombay Provincial Municipal 
Corporations Act, 1949;] 
 
(5) “High Court" means the High Court of Gujarat; 
 
(6) "Small Cause Court" means the Court of Small Causes of Ahmedabad; 
 
5[(7) "Specified date" means the date of the coming into force of the 
Amending Act.] 
 
CHAPTER II. 
CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF 
AHMEDABAD 
 
3. The State Government may, by notification in the Official Gazette, establish for the 
Short title and 
commencement. 
Definitions, 
Guj. 33 of 1980 
Bom. LIX of 1949. 
Constitution of 
City Court. 
The Ahmedabad City Courts Act, 1961 
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City of Ahmedabad a Court, to be called the Ahmedabad City Civil Court. Not - 
withstanding anything contained in any law, such Court shall have jurisdiction to 
receive, try and dispose of all suits and other proceedings of a civil nature and arising 
within the City of Ahmedabad, except suits or proceedings which are cognizable by 
the High Court and Small Cause Court. 
 
4. The City Court shall be deemed to be a Court subordinate to and subject to the 
superintendence of the High Court within the meaning of the Code of Civil 
Procedure, 1908. 
 
5. The State Government may, by notification in the Official Gazette, appoint as 
many persons as it thinks fit to be Judges of the City Court. 
 
6. When the City Court consists of more than one Judge - 
 
(a) each of the Judges may exercise all or any of the powers conferred on the 
Court by this Act or any other law for the time being in force; 
 
(b) the State Government may appoint any one of the Judges to be the 
Principal Judge; 
 
(c) the Principal Judge may from time to time make arrangements as he may 
think fit for the distribution of the business of the Court among the various 
Judges thereof. 
 
6[6A. (1) In the event of the office of the Principal Judge falling or remaining 
vacant from any cause or in the event of his being prevented from performing 
his duties due to illness or other cause, the first in rank of the other Judges of 
the City Court shall, without interrup tion to his own duties, assume charge of 
the office of the Principal Judge and while so in charge shall perform all the 
duties and exercise all the powers of the Principal Judge under this Act or any 
ether law for the time being in force. 
 
(2) The Judge so  assuming charge shall continue in such charge until the 
office of the Principal Judge may be resumed or assumed by an officer duly 
appointed thereto.] 
 
7. (1) The State Government may appoint an officer to be the Registrar of the 
City Court. He  shall be the chief ministerial officer of the Court; and shall 
exercise such powers, discharge such duties of a ministerial nature as the 
Judge of the City Court, or when the Court consists of more than one Judge, 
the Principal Judge may, from time to time, by rules, direct. 
 
(2) The State Government may, with the previous approval of the High Court, 
invest the Registrar with any powers of the Judge of the City Court other than 
powers of trying suits and proceedings. 
 
8. Save as otherwise 7[ provided in this Act and subject to such rules as the High 
Court may make for the City Court under article 227 of the Constitution or section 
122 of the Code of Civil Procedure, 1908 ] all questions which arise in suits or other 
proceedings under this Act in the City Court shall be dealt with and determined 
according to the law for the time being administered by a District Court. 
 
9. (1) An appeal shall lie to the High Court from— 
 
(a) every decree passed by any Judge of the City Court, and 
 
 (b) such orders passed by such Judge as are specified in, and to the 
extent provided by section 104 of the Code of Civil Procedure, 1908. 
 
(2) The period of limitation for an appeal from a decree or order of the City 
Court shall be thirty days from the date of such decree or order and the 
provisions of the Indian Limitation Act, 1908, shall apply as if the said period 
had been specified by an entry in the first schedule to that Act. 
 
Subordination to and 
superintendence by 
High Court. 
V of 1908. 
Appointment of 
Judges. 
Powers of Judges 
when City Court 
consists of more than 
one Judge. 
Arrangement as to 
holding charge of 
office of Principal 
Judge during vacancy. 
Registrar. 
V of 1908. Questions arising in 
suits, etc. under Act to 
be dealt with according 
to law administered by 
District Court. 
Appeals and 
limitation. 
V of 1908. 
IX of 1908. 
The Ahmedabad City Courts Act, 1961 
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(3) Nothing in the foregoing provisions of this section shall apply to a decree 
or order passed by the City Court in an appeal or revision application under 
section 20. 
 
10. The City Court shall use a seal of such form and dimensions as may be for the 
time being prescribed by the State Government. 
 
11. (1) The Judge of the City Court or when the Court consists of more than one 
Judge the Principal Judge, shall, at the commencement of each year, draw up 
a list of holidays and vacations to be observed in the Court, and shall submit 
the same for approval of the High Court. 
 
(2) Such list, when it has received such approval, shall be published in the 
Official Gazette, and the said holidays and vacation shall be observed 
accordingly. 
 
8[(3) The Judge specified in sub -section (1) may, with the approval of the 
High Court, make any change in the days to be so observed as holidays or 
vacation, if at any time after the publication of such list, circumstances render 
it necessary for him to do so and such change shall be published in the 
Official Gazette] 
 
12. Except where the context otherwise requires, any reference to a principal Civil 
Court of original Jurisdiction, District Court or a District Judge in any law for the 
time being in force, relating to any matters specified in List II or List III of the 
Seventh Schedule to the Constitution shall in the case of the operation of that law 
within the limits of the City of Ahmedabad, be construed as a reference to the 
Ahmedabad City Civil Court 9[or the Judge of that Court, or when that Court consists 
of more t han one Judge the Principal Judge of that Court, as the case may be,] and 
such law shall have effect accordingly 
 
CHAPTER III. 
CRIMINAL COURTS FOR THE CITY OF AHMEDABAD. 
 
13. Sessions Division for City of Ahmedabad. 
 
14. Appointment of Magistrates in City of Ahmedabad. 
 
14A. Arrangement as to holding charge of office of the Chief Magistrate during 
vacancy. 
 
15. Construction of certain expressions in Criminal Procedure Code. 
 
16. [Construction of laws] Deleted by Guj. 33 of 1980, S. 3. 
 
CHAPTER IV. 
THE COURT OF SMALL CAUSES FOR THE CITY OF AHMEDABAD. 
 
17. The Presidency Small Cause Courts Act, 1882 shall extend to and come into force 
in the City of Ahmedabad on and from the appointed day. 
 
10[Provided that- 
 
(a) with effect on and from the specified date, it shall also extend to and come 
into force in those areas of the City of Ahmedabad as constituted under the 
Corporations Act, which were included in the said City under the said Act,  
after the appointed day, but before the specified date. 
 
(b) with effect on and from the date of inclusion in, or exclusion from, the 
City of Ahmedabad as defined in clause (2) of section 2, of any area, by a 
notification issued under the proviso to that clause, it shall also extend to and 
come into force in the area so included in the said City, or, as the case may 
be, cease to and be in force in the extend area so excluded from the said City, 
by such notification : 
 
Seal of City Court. 
Holidays and 
vacation. 
Construction of 
references to District 
Court and District 
Judge in laws 
operating in City of 
Ahmedabad. 
XV of 1882. Act No. XV of 
1882 to come into 
force in the City of 
Ahmedabad. 
The Ahmedabad City Courts Act, 1961 
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Provided further that  the provisions of the Bombay General Clauses 
Act, 1904 shall, save as otherwise expressly provided in this Act, apply to 
such cesser in any area as aforesaid as if it were a repeal of an enactment.] 
 
18. The Presidency Small Cause Courts Act, 1882, and the Bombay Rents, Hotel and 
Lodging House Rates Control Act, 1947, shall in their application to the City of 
Ahmedabad stand amended in the manner and to the extent specified in the Schedule. 
 
CHAPTER V. 
MISCELLANEOUS. 
 
19. With effect on and from the appointed day the Bombay Civil Courts Act, 1869, 
and the Provincial Small Caus e Courts Act, 1887, and all rules, notifications and 
orders made thereunder shall cease to apply to, or be in force in the City of 
Ahmedabad, and the provisions of the Bombay General Clauses Act, 1904, shall, 
save as otherwise expressly provided in this Ac t, apply to such cesser as if it were a 
repeal of an enactment: 
 
11[Provided that the said Bombay Civil Courts Act, 1869 and the Provincial 
Small Cause Courts Act, 1887 and all rules, notifications and orders made thereunder 
shall— 
 
(a) with effect on and from the specified date cease to apply to or be in force 
in those areas of the City of Ahmedabad as constituted under the 
Corporations Act which were included therein under the said Act, after the 
appointed day, but before the specified date; 
 
(b) with effect on and from the date of inclusion in, or exclusion from, the 
City of Ahmedabad as defined in clause (2) of section 2 of any area by 
notification issued under the proviso to that clause, cease to apply to or be in 
force in the areas so included in the said City, or apply to or be in force in the 
areas so excluded from the said City, by such notification : 
 
Provided further that the provisions of the Bombay General Clauses 
Act, 1904, shall save as otherwise exp ressly provided in this Act, apply to 
such cesser in any area as aforesaid as if it were a repeal of an enactment ] 
 
20. (1) All suits and proceedings cognizable by the City Court and pending 
immediately before the appointed day in the District Court or the Court of a 
Civil Judge shall stand transferred to the City Court. 
 
 (2) All suits and proceedings pending immediately before the appointed day 
in the Court of Small Causes, Ahmedabad, constituted under the Provincial 
Small Cause Courts Act, 1887, shall- 
 
 (i) if they are cognizable by the Court of Small Causes of 
Ahmedabad constituted under the Presidency Small Cause Courts 
Act, 1882, stand transferred to that court and 
 
(ii) if not so cognizable be transferred to the court competent to take 
cognizance of such suits or proceedings. 
 
(3) All criminal proceedings cognizable by the Court of Session for the City 
of Ahmedabad and pending in the Court of Session at Ahmedabad as 
constituted immediately before the appointed day shall stand transferred to 
the Court of Session for the City of Ahmedabad. 
 
(4) All criminal p roceedings pending before any Magistrate and cognizable 
by a Magistrate appointed under section 14 shall stand transferred to the 
Chief Magistrate appointed under that section. 
 
(5) An appeal or revision application against any judgement, decision, decree 
or order passed before the appointed day by a Court in the exercise of 
jurisdiction over the area within the limits of the City of Ahmedabad,— 
 
Bom. I  of 1904. 
Amendment 
of Act No. 
XV of 1882 
and Bom. 
LVII of 1947. 
XV of 1882. 
Bom. LVII of 
1947. 
XIV of 
1869. IX of 
1887. Bom.  
I of 1904. 
Enactments not 
to be in force in 
the City of 
Ahmedabad. 
XIV of 1869. 
IX of 1887. 
Bom. I of 1904. 
Special provisions 
for transfer of 
pending 
proceedings. 
IX of 1 887. 
XV of 1882. 
The Ahmedabad City Courts Act, 1961 
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(i) if it was pending immediately before the appointed day in a 
competent Court, shall stand transferred to the Court corresponding to 
the competent Court, and 
 
(ii) if before the appointed day it has not been preferred within the 
period of limitation to a competent Court, shall lie within that period 
to the Court corresponding to the competent Court. 
 
(6) A proceed ing, appeal or revision application transferred to any Court 
under the foregoing provisions of this section shall be disposed of by such 
Court as if it were the Court from which such proceeding, appeal or revision 
application was so transferred. 
 
(7) All a pplications for the execution or enforcement of a decree or order 
made before the appointed day by any court which has been superseded or 
has ceased to exist by virtue of the provisions of this Act, and all other 
applications arising out of the said decree  or order shall be made to and 
disposed of by the City Court. 
 
Explanation. - For the purpose of sub -section (5), "competent Court" 
means the District Court, the Court of Civil Judge or the Court of Session at 
Ahmedabad functioning before the appointed day  and the City Court shall be 
a Court corresponding to the said District Court or the Court of Civil Judge 
and the Court of Session for the City of Ahmedabad shall be a Court 
corresponding to the said Court of Session at Ahmedabad. 
 
12[21. The Bombay Pleaders Act, 1920, 13* * * * * and the Code of Civil Procedure, 
1908, shall in their application to the City of Ahmedabad stand amended in the 
manner and to the extent specified in the Schedule.] 
 
14[22. Except where the context otherwise requires, any reference to the City of 
Ahmedabad in any law for the time being in force other than the Corporations Act 
shall, in so far as such law relates to the jurisdiction, powers and procedure of civil 
courts within the limits of the City of Ahmedabad, be deemed to be a reference to the 
City of Ahmedabad as defined in clause (2) of section 2. 
 
23. (1) All suits and procee dings (other than appeals or revision applications) 
cognizable by the City Court which may be pending immediately before the 
specified date or as the case may be, the date of inclusion in the City of 
Ahmedabad, of any area by a notification under the provi so to clause (2) of 
section 2 (hereinafter in this section referred to as "the date of inclusion") in a 
District Court or the court of a Civil Judge shall stand transferred to the City 
Court. 
 
(2) All suits and proceedings cognizable by the Small Cause Cou rt which 
may be pending immediately before the specified date or, as the case may be, 
the date of inclusion, in the Court of a Civil Judge shall stand transferred to 
the Small Cause Court. 
 
(3) An appeal or revision application against any judgment, decisi on, decree 
or order passed before the specified date or as the case may be, the date of 
inclusion by a Civil Court in the exercise of jurisdiction over any area within 
the limits of the City of Ahmedabad as defined in clause (2) of section 2 as 
amended by the Amending Act shall- 
 
(i) if it was pending immediately before the specified date or, as the 
case may be, the date of inclusion in any District Court or Court of 
any Civil Judge other than City Court, stand transferred to the City 
Court, and 
 
(ii) if be fore the specified date or, as the case may be, the date of 
inclusion it has not been preferred within the period of limitation to a 
competent Court, lie within that period to the City Court. 
 
(4) A proceeding, appeal or revision application transferred to  any court 
Amendment of 
certain Acts in their 
application to the 
City of Ahmedabad. 
Bom. XVII of 
1920. V of 
1908. 
Construction of 
reference to City of 
Ahmedabad in 
Acts. 
Special provisions 
for transfer or 
continuance of 
pending 
proceedings on 
inclusion of area. 
The Ahmedabad City Courts Act, 1961 
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under the foregoing provisions of this section shall be disposed of by such 
Court as if it were the Court from which such proceeding, appeal or revision 
application was so transferred. 
 
24. (1) All suits and proceedings of a civil nature which may be pending in the 
City Court or the Small Cause Court immediately before the date of exclusion 
of any area from the City of Ahmedabad as defined in clause ( 2) of section 2 
by a notification under the proviso to that clause ( hereinafter in this section 
referred to as "the date of exclusion") but which would, after such date of 
exclusion, become cognizable by a District Court, a Court of Civil Judge or 
the Small Cause Court as a result of the exclusion of such area from the City 
of Ahmedabad as so defined shall stand transferred to such District Court or, 
such Court of the Civil Judge, or as the case may be, Small Cause Court. 
 
(2) A proceeding, appeal or revision ap plication transferred to any Court 
under the foregoing provisions of this section shall be disposed of by such 
Court, as if it were the court from which such proceeding, or appeal or 
revision application was so transferred. 
 
25. For the removal of doubts it is hereby declared that the Court established for the 
City of Ahmedabad under section 3 shall be deemed to be a Court established for the 
City of Ahmedabad as defined in clause (2)  of section 2 as amended by the 
Amending Act and that t he Judges of the said Court, appointed as such Judges and 
holding office as such immediately before the specified date shall be deemed to have 
been appointed for the City of Ahmedabad so defined.] 
 
SCHEDULE 
(15[See sections 18 and 21]) 
 
AMENDMENTS TO THE PRESIDENCY SMALL CAUSE COURTS ACT, 
1882, IN ITS APPLICATION TO THE CITY OF AHMEDABAD. 
 
16[1. After section 1, the following section shall be inserted, namely :— 
 
"1A. This Act shall ex tend to, and come into force in the City of Ahmedabad 
on the date on which the Ahmedabad City Courts Act, 1961 comes into force: 
 
Provided that— 
 
 (a) with effect on and from the date of the commencement of the 
Ahmedabad City Courts (Amendment) Act, 1980 it shall also extend 
to and come into force in those areas of the City of Ahmedabad as 
constituted under the Bombay Provincial Municipal Corporatio ns Act 
1949 which were included in the said City under the latter Act after 
the appointed day, but before the date of the commencement of the 
former Act, 
 
 (b) with effect on and from the date of inclusion of or exclusion 
from, the City o f Ahmedabad as defined in clause (2) of section 2 of 
the Ahmedabad City Courts Act, 1961 of any area by a notification 
issued under that clause, it shall also extend to and come into force in 
the area included in the said City, or as the case may be, cease  to 
extend to and be in force in the area excluded from the said City by 
such notification : 
 
Provided further that the provisions of the Bombay General 
Clauses Act, 1904 shall, save as otherwise expressly provided in the  
Ahmedabad City Courts Act, 1961, apply to such cesser in any area as 
aforesaid as if it were repeal of an enactment.] 
 
2. In section 4- 
 
(1) after the words "as the case may be" the words "or in the City of 
Ahmedabad" shall be inserted, and 
 
Special provision 
for transfer or 
continuance of 
pending 
proceedings on 
exclusion of area. 
Removal of doubt. 
Guj. XIX of 
1961. 
Extent and 
commencement in the 
City of Ahmedabad. 
Guj. 33 of 1980. 
Bom. LIX of  
1949. 
Guj. XIX of 1961. 
Bom.I of 1904.  
 
Guj. XIX of 1961. 
The Ahmedabad City Courts Act, 1961 
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17 * * * * * * * * *  
3. Section 5 shall be renumbered as sub -section (1) of that section and after 
sub-section (1) so renumbered, the following sub -section shall be inserted, 
namely:- 
 
"(2) In the City of Ahmedabad there shall be a Court to be called the 
Court of Small Causes of Ahmedabad." 
 
4. Section 6 shall be renumbered as sub -section (1) of that section and after 
sub-section (1) so renumbered the following sub -section shall be inserted, 
namely:- 
 
"(2) The Court of Small Causes of Ahmedabad shall be deemed to be 
a court subject to the superintendence of the High Court of Gujarat and to be 
a Court subordinate to that High Court within the meaning of section 6 of the 
Legal Practitioners Act, 1879, and that High Court shall have in respect of the 
Small Cause Court of Ahmedabad the same powers as it has in respect of the 
courts subject to its appellate jurisdiction.". 
 
5. In section 16 for the words "High Court" the words "Ahmedabad City Civil 
Court" shall be substituted. 
 
6. Section 17 shall be renumbered as sub-section (1) of that section and in that 
section- 
 
(i) in sub-section (1) so renumbered, for the words "The local limits" 
where they occur for the first time, the words, brackets and figure 
"Save as otherwise provided in sub -section (2), the local l imits" shall 
be substituted; 
 
(ii) after sub -section (1), the following sub --section shall be inserted, 
namely:— 
 
"(2) The local limits of the jurisdiction of the Court of Small 
Causes of Ahmedabad shall be the local limits of the City of 
Ahmedabad". 
 
7. In section 21,- 
 
(a) the words "and all suits whereof the amount of the value of the 
subject-matter exceeds one thousand rupees" shall be deleted, and 
 
(b) for the words "High Court" the words "Ahmedabad City Civil 
Court" shall be substituted. 
 
8. For section 22 the following shall be substituted, namely:— 
 
"22. In any suit instituted in the Ahmedabad City Civil Court, other 
than a suit to which secti on 21 applies, if the Judge, who tries it is of the 
opinion that it ought to have been instituted in the Small Cause Court then — 
 
(a) if the Plaintiff does not obtain a decree, the Defendant shall be 
entitled to his costs and may also be awarded such addi tional amount 
not exceeding one thousand rupees by way of compensation as the 
Judge may award; or 
 
(b) if the Plaintiff obtains a decree for any matter of an amount or 
value less than two thousand rupees, no costs shall be allowed to the 
Plaintiff". 
 
9. In section 31, in clause (a) after the words "or Bombay" the words "or the 
Ahmedabad City Civil Court" shall be inserted. 
 
10. Sections 39 and 40 shall be deleted. 
 
18 of 1879. 
Costs when Plaintiff 
sues in Ahmedabad 
City Civil Court in 
other cases cognizable 
by Small Cause court. 
The Ahmedabad City Courts Act, 1961 
11 of 13 
11. In section 47, for the words "the occupant binds himself" the words "the 
occupant, at the  earliest opportunity, and in any event before filing any 
statement of defence, binds himself" and for the words "High Court" the 
words "Ahmedabad City Civil Court" shall be substituted. 
 
12. In section 49, for the words "High Court" the words "Ahmedabad C ity 
Civil Court" shall be substituted. 
 
13. In section 50, after the words "and Bombay" the words "and to every 
place within the City of Ahmedabad" shall be inserted. 
 
14. In section 60,- 
 
(1) the first sentence shall be numbered as sub -section (1) and in that 
sub-section so numbered for the words "five days" the words "fifteen 
days" shall be substituted and to that sub -section, the following 
proviso shall be added, namely : - 
 
" Provided that where the Judge is satisfied that there is 
sufficient cause for extending the period within which an application 
may be made under this sub-section, he may extend the period to such 
extent as he may consider necessary."; 
 
(2) the second sentence shall be numbered as sub-section (2). 
 
15. In section 61 for the words " H igh Court " at both the places where they 
occur, the words "Ahmedabad City Civil Court" shall be substituted. 
 
16. In section 63 for the words " High Court " wherever they occur, the words 
" Ahmedabad City Civil Court "shall be substituted. 
 
17. In section 64,- 
 
(1) for the words " High Court " the words " Ahmedabad City Civil 
Court" shall be substituted ; 
 
(2) for the words " at the expiration of five days from the seizure of 
property under this chapter " the following words, brackets and 
figures shall be substituted, namely :— 
 
"at the expiration of fifteen days from the seizure of property 
under this chapter or, as the case may be, of the extended period 
under the proviso to sub-section (1) of section 60.". 
 
18. Section 73 shall be renumbered as sub -section (1) of that section and in 
sub-section (1) so renumbered after the words "have been respectively paid" 
the following proviso and sub-section shall be inserted, namely :- 
 
"Provided that no such fees shall be repaid if the amount of institution 
fee on th e plaint or application does not exceed five rupees or the claim for 
repayment is not made within one year from the date on which the suit or 
proceeding was so settled. 
 
(2) The State Government may, from time to time, by order, provide for 
repayment to the Plaintiffs or applicants of any part of the fees paid on claims 
or applications by them in suits or proceedings, as the case may be, disposed 
of under such circumstances and subject to such conditions as may be 
specified in the order.". 
 
19. In section 92, for the words "State Government" the words "High Court" shall be 
substituted. 
 
20. In section 93, for the words "and West Bengal," the words "West Bengal and 
Gujarat" shall be substituted, 
 
The Ahmedabad City Courts Act, 1961 
12 of 13 
21. In the third Schedule, for the words "four annas per day " the words " such fee not 
exceeding seventy five naye  Paise per day as may be fixed by the Registrar of the 
Small Cause Court " shall be substituted. 
 
AMENDMENTS TO THE BOMBAY RENTS, HOTEL AND LODGING 
HOUSE RATES CONTROL ACT, 1947, IN ITS APPLICATION 
TO THE CITY OF AHMEDABAD. 
 
1. In section 28, in sub -section (1) before clause (aa) the following clause 
shall be inserted, namely :- 
 
"(a) in the City of Ahmedabad, the Court of Small Causes of 
Ahmedabad.". 
 
2. In section 29.- 
 
(1) in sub-section (1),— 
 
(a) before clause (b) the following clause shall be inserted, 
namely:- 
 
"(a) in the City of Ahmedabad, from a decree or order made 
by the Court of Small Causes, Ahmedabad, exercising 
jurisdiction under section 28, to a bench of the two judges of 
said Court which s hall not include the judge who made such 
decree or order,"; 
 
(b) in clause ( b) for the words "from a decree" the words 
"elsewhere from a decree" shall be substituted; 
 
(c) in the proviso, in clause II, 
 
A. before sub -clause (ii), insert the following sub-
clause, namely :-- 
 
"(i) where such suit or proceeding is instituted in the 
City of Ahmedabad, two thousand rupees," ; and 
 
B. in sub-clause (ii), for the words "the amount upto" 
the words "where such suit or proceeding is instituted 
elsewhere the amount upto" shall be substituted. 
 
(2) in sub-section (3), after the words "in any suit or proceeding" the 
words "in the City of Ahmedabad the bench of two judges specified 
in clause (a) of sub-section {1) and elsewhere" shall be inserted.". 
 
18[ Amendments to the Bombay Pleaders Act, 1920, in its application 
to the City of Ahmedabad. 
 
(i) In section 18, after sub -section (1) the following shall be 
inserted, namely :— 
 
"(2) Nothing contained in sub -section (1) of this 
section or in section 20 shall apply to f ees payable to pleaders 
in the Court of Small Causes of Ahmedabad". 
 
(ii) In section 23, for the words "subordinate to the High 
Court" the words "other than the Court of Small Causes of 
Ahmedabad subordinate to the High Court" shall be 
substituted 
 
19 *  *  *  *  *  *  *  * 
 
Amendments to the Code of Civil Procedure, 1908, in its 
application to the City of Ahmedabad. 
The Ahmedabad City Courts Act, 1961 
13 of 13 
 
(i) In section 8, after the words "Calcutta, Madras and 
Bombay" the words "and in the City of Ahmedabad " 
shall be inserted. ]. 
 
 
 
 
---------------------------- 
 
 
 
                                                           
1 For Statement of Objects and Reasons, see Gujarat Government Gazette Extra-ordinary, Part V, 
dated the 8th March 1961, p. 157.  
 This Act was assented to by the President on 6th May, 1961.  
2 Clause (1A) was inserted by Guj. 33 of 1980, s. 2(a).  
3 Clause (2) was substituted, by Guj. 33 of 1980, . s. 2(b).  
4 Clause (4) was substituted by Guj. 33 of  1980, s. 2(c).  
5 Clause (7) was added, by Guj. 33 of 1980,  s. 2{d). 
6 Section 6A was inserted by Guj .31 of 1973. s. 4.  
7 These words and figures were substituted for the words " provided in this Act " by Guj. 32 
of 1961, s. 2.  
8 Sub-section (3) was added by Guj. 31 of 1973, s. 5. 
9 These words were and were deemed always to have been substituted for the words “ or the Judge 
of that Court as the case may be” by Guj. 21 of 1964, s. 2.  
10 These provisos were added by Guj. 33 of 1980, s. 4.  
11 These provisos were added, by Guj. 33 of 1980,  s. 5. 
12 Section 21 was inserted by Guj. 32 of 1961, s. 3.  
13 The words and figures "the Code of Criminal Procedure, by Guj. 33 of 1980, s. 6.  
14 Sections 22 to 25 were inserted, by Guj. 33 of 1980,  J. 7, 1898" were deteted  
15 These words and figures were substituted for the words and Figures “See Section 18” by Guj. 
32 of 1961, s. 4 (1). 
16 Entry 1 was substituted by Guj. 33 of 1980, s. 8(1) (a).  
17 Clause (2) was deleted, by Guj. 33 of 1980,  s.8 ( 1 ) (b).  
18 These  headings and entries thereunder were inserted by Guj. 32  of 1961, s .4 (2). 
19 The heading "Amendment to the Code of Criminal Procedure, 1898, in its application to 
the city of Ahmedabad" and the entry thereunder were deleted by Guj. 33 of 1980, s.8(2).  

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