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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GUJARAT CIVIL COURTS ACT, 2005
(GUJARAT ACT NO. 21 of 2005)
of 20
[ As modified upto the 31st December, 2024.]
Printed In India by The Sr. Manager, Government Central Press, Gandhinagar,
Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar.
2024.
[Price : 20.00]
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
THE GUJARAT CIVIL COURTS ACT, 2005
(GUJARAT ACT NO. 21 of 2005)
(GUJARACT NO. 21 of 2005)
[ As modified upto the 31st December, 2024.]
Printed In India by The Sr. Manager, Government Central Press, Gandhinagar,
Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar.
2024.
[Price : 20.00]
G.C.P.G. (H-112-6-24-DTP-2)
©
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
(ii)
[ 2005 : GUJ.21 THE GUJARAT CIVIL COURTS ACT, 2005 (i)
PREAMBLE.
Sections. CONTENTS Page No.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II.
ESTABLISHMENT AND CONSTITUTION OF CIVIL
COURTS.
3. Classes of civil courts. 2
4. Establishment of courts of District Judges. 2
5. Establishment of courts of Senior Civil Judges. 2
6. Establishment of courts of Civil Judges. 3
7. Location of civil court. 3
8. Seal of a civil court. 3
9. Existing courts, their location and seals to be deemed to be
established, fixed and determined under this Act.
3
10. Posting of District Judges, Senior Civil Judges and Civil
Judges.
4
CHAPTER III.
JURISDICTION OF CIVIL COURTS.
11. Local limits of jurisdiction. 4
12. Jurisdiction of a court of District Judge. 4
13. Jurisdiction of a court of Senior Civil Judge. 4
14. Jurisdiction of a court of Civil Judge. 4
14A. Transfer of pending cases. 4
15. Appeals. 4
16. Power to require witness or party to make oath or affirmation. 5
17. Investment of small cause powers to courts of Senior Civil
Judges or Civil Judges.
5
18. Judges not to try suits in which they are interested, etc. 6
19. Application of the Code. 6
(iii)
(ii) THE GUJARAT CIVIL COURTS ACT, 2005 2005 : GUJ.21]
Sections. Page No.
CHAPTER IV.
MISCELLANEOUS.
20. Temporary vacancy of office of Principal District Judge. 6
21. Temporary vacancy of office of Principal Senior Civil Judge or
Principal Civil Judge.
7
22. Vacation and holidays. 7
23. Subordination of civil courts. 7
24. Power to invest Senior Civil Judges with jurisdiction under
certain Acts.
8
25. Fees for process. 8
26. Mode of conferring powers. 8
27. Government suits. 8
28. Constitution of consultative committee. 8
29. Power of High Court to make rules. 8
30. Repeal and savings. 9
31. Power to remove difficulties. 10
(iv)
GUJARAT ACT NO. 21 OF 2005. 1*
[THE GUJARAT CIVIL COURTS ACT, 2005.]
[ 23rd March, 2005.]
Amended by Guj. 7 of 2014.
AN ACT
to consolidate and amend the law relating to Civil Courts in the State of
Gujarat.
It is hereby enacted in the Fifty-sixth Year of the Republic of India as
follows:-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Civil Courts Act, 2005.
(2) It extends to the whole of the State of Gujarat.
Short title,
extent and
commencement.
(3) It shall come in to force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, - Definitions.
(a) "appointed date" means the date appointed under sub-section (3)
of section 1;
(b) "civil court" means a court of a District Judge, a court of the
Senior Civil Judge or a court of Civil Judge;
5 of 1908. (c) "Code" means the Code of Civil Procedure, 1908;
(d) "district" means a revenue district or such local area as the State
Government may, from time to time, notify to be a district for the purposes
of this Act;
(e) "Government" means the Government of Gujarat;
(f) "High Court" means the High Court of Gujarat;
(g) "judicial officer" means a J udge of a court of District Judge, a
Judge of a court of Senior Civil Judge or a Judge of a court of a court of
Civil Judge;
(h) "notification" means a notification published in the Official
Gazette;
1. For Statement of Objects and Reasons , see Guja rat Government Gazette, Extraordinary, Part V,
dated the 11th March, 2005, Page No. 26-13 to 26-15.
* This Act was assented by the Governor on the 23rd March, 2005.
2 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21
(i) "Official Gazette" means Gujarat Government Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "service" means the judicial service of the State.
CHAPTER II.
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS.
Classes of
civil courts.
3. In addition to the courts established under any other law for the
time being in force, there shall be following classes of civil courts in the
State, namely:-
(a) court of a District Judge;
(b) court of a Senior Civil Judge;
(c) court of a Civil Judge.
Establishment
of courts of
District Judges.
4. (1) There s hall be established by the State Government, in
consultation with the High Court, by notification, in each district, a court of
a District Judge.
(2) Each court of a District Judge shall be presided over by a Judge
to be called the Principal District Judge.
(3) (i) When the business pending before a court of a District
Judge so requires, the State Government may, in consultation with the High
Court, appoint to that court one or more judges to be called as Additional
District Judges, for such period as it deems necessary.
(ii) The Additional District Judge appointed under this sub -
section shall, subject to the general or special orders of the High Court,
discharge all or any of the functions of a District Judge under this Act or any
other law for the time being in force which the Principal District Judge may
assign to him and in the discharge of those functions, he shall exercise all
the powers of the court of a District Judge.
Establishment
of courts of
Senior Civil
Judges.
5. (1) There shall be establis hed by the State Government, in
consultation with the High Court, by notification, in each district, a court of
Senior Civil Judge:
Provided that the State Government may, in consultation with the
High Court establish a court of a Senior Civil Judge for a part of a district
and specify the local limits of its jurisdiction.
(2) Each court of a Senior Civil Judge shall be presided over by a
Judge to be called as Principal Senior Civil Judge.
(3) (i) When the business pending before a court of a Senior Civil
Judge so requires, the Government may, in consultation with the High
Court, fix by notification, the number of judges to be called as Additional
Senior Civil Judges, for such period as it deems necessary.
(ii) An Additional Senior Civil Judge so a ppointed shall,
subject to the general or special orders of the Principal District Judge,
discharge all functions of a Senior Civil Judge under this Act or any other
law for the time being in force which the Principal Senior Civil Judge may
assign to him and in the discharge of those functions he shall exercise all the
powers of Senior Civil Judge.
2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 3
6. (1) There shall be established by the State Government, by
notification, in each district such number of courts of Civil Judges as may be
fixed by the State Government in consultation with the High Court and
specify the local limits of jurisdiction of each such court.
(2) Each court of a Civil Judge shall be president over by a Judge
to be called as Principal Civil Judge.
(3) (i) When the business pending b efore a court of a Civil Judge
so requires, the State Government may, in consultation with the High Court,
appoint to that court one or more Judges to be called as Additional Civil
Judges for such period as it deems necessary.
(ii) An Additional Civil Judge so appointed shall, subject to the
general or special orders of the Principal District Judge, discharge all the
functions of a Civil Judge under this Act or any other law for the time being
in force which the Principal Civil Judge may assign to him and i n the
discharge of those functions he shall exercise all the powers of a Civil Judge.
Establishment
of courts of
Civil Judges.
7. (1) The place or places, at which every civil court under this Act
shall be held, shall be fixed, and may from time to time , be a ltered by the
State Government, in consultation with the High Court.
Location of
civil 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.
8. Every civil court under this Act shall use a seal which shall bear
thereon the State Emblem and shall be, in such form, of such dimensions and
with the name of the court in such language or languages, as the High Court
may, in consultation with the State Government, by order, determine.
Seal of a civil
court.
9. (1) The Courts of District Judges, existing immediately prior to the
appointed date, shall, with effect from the appointed date, be deemed to be
Courts of District Judges established under this Act.
(2) The Courts of Civil Judge (Senior Division), existing immediately
prior to the appointed date shall, with effect from the appointed date, be
deemed to be Courts of Senior Civil Judges established under this Act.
(3) The Courts of Civil Judge (Junior Division) existing immediately
prior to the appointed date shall, with effect from the appointed date, be
deemed to be Courts of Civil Judges established under this Act.
(4) The place at which a civil court deem ed to be established under
sub-sections (1) to (3) is being held immediately prior to the appointed date
shall be deemed to be the place fixed under said sub-section (1) of section 7.
(5) The seal in use, in a civil court deemed to be detetmined under
sub-sections (1) to (3), immediately prior to the appointed date may continue
to be used until an order is made by the High Court under section 8.
Existing courts,
their location
and seals to be
deemed to be
established,
fixed and
determined
under this Act.
4 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21
Posting of
District Judges,
Senior Civil
Judges and
Civil Judges.
10. (1) No person other than a person belonging to the cadre of
District Judge in the judicial service of the State of Gujarat shall be eligible
to be posted as a Principal District Judge or as an Additional District Judge.
(2) No person other than a person belonging to the cadre of Senior
Civil Judge in the judicial service of the State of Gujarat shall be eligible to
be posted as a Principal Senior Civil Judge or as an Additional Senior Civil
Judge.
(3) No person other than a pers on belonging to the cadre of Civil
Judge in the judicial service of the State of Gujarat shall be eligible to be
posted as a Principal Civil Judge or as an Additional Civil Judge.
CHAPTER III.
JURISDICTION OF CIVIL COURTS.
Local limits
of jurisdiction.
11. (1) The State Government may, in consultation with the High
Court, by notification, fix and vary, from time to time, the local limits of
jurisduction of any civil court under this Act.
(2) The local limits of jurisduction of a civil court, existing
immediately prior to the appointed date, shall be deemed to be the local
limits of juruduction of that court.
Jurisdiction
of a court of
District
Judge.
12. (1) A Court of District Judge shall be the principal civil court of
original jurisdiction within the local limits of its jurisduction.
(2) Subject to the provisions of the Code, the jurisduction of a
court of District Judge shall extend to all original suits and proceedings of a
civil nature.
(3) A Court of District Judge shall, subject to the general control of
the High Court, have control over all other civil courts within the local limits
of its jurisduction.
Jurisdiction
of a court
of Senior
Civil Judge.
13. The jurisdiction of the court of a Senior Civil Judge shall extend
to all original suits and proceedings of a civil nature, subject to such rules as
the High Court may, from time to time make in this behalf.
Jurisdiction
of a court of
Civil Judge.
14. The Jurisdiction of a Court of Civil Judge shall extend to all
original suits and proceedings of a civil nature, not otherwise excluded from
the jurisdiction of a Court of Civil Judge by any other law, the value of the
subject matter of which does not exceed two lakh rupees 1[or such other
sum as the High Court may, by notification, from time to time specify.]
Transfer of
pending cases.
2[14A. All suits and proceedings of a civil nature wherein the subject
matter exceeds in amount or value of two lakhs rupees but does not exceed
the value or amount as may be specified by the High Court, by not ification,
from time to time under section 14, pending in a Court of Senior Civil
Judge shall, after such specification by notification, stand transferred to and
be disposed of by a Civil Judge within the local limits of his ordinary
jurisdiction.]
Appeals. 15. (1) Appeals from the decrees and o rders passed by a Court of
District Judge in original suits and proceedings of civil nature shall, when
such appeals are allowed by law, lie to the High Court.
(2) Appeals from the decrees and o rders passed by a Co urt of
Senior Civil Judge in original suits and proceedings of civil nature shall,
when such appeals are allowed by law, lie-
1. These words were substituted for the words “or such other sum as the High Court may, from time to
time specify” by Guj. 7 of 2014, s. 2.
2. Section 14A was inserted, ibid., s. 3.
2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 5
(a) to the Court of the District Judge of the district when the
amount or value of the subject matter of the original suit or proceedings is
less than five lakhs of rupees 1[or such other sum as the High Court may, by
notification, from time to time, specify];
(b) to the High Court in other cases.
(3) Appeals from the decres and o rders passed by a Court of Civil
Judge in suits or proceedings of a civil nature , shall, when such appeal s are
allowed by law, lie to the Court of District Judge of the district:
Provided that the High Court may, in consultation with the State
Government, by notification, direct that such appeals against decrees and
orders may lie to the Court of Senior Civil Judge when the amount or value
of the subject matter of the suit or proceeding is less than one lakh of rupees
and thereupon appeals shall be preferred accordingly.
(4) The provisions of this section will apply to all decrees and orders
made after the appointed date irrespective of the fact whether the suits or
proceedings in which they are made were instituted before or after the
appointed date.
16. Every civil court under this Act shall require a witness or party to
any suit or other proceedings pe nding in such court to make such oath or
affirmation as is prescribed by the law for the time being in force.
Power to require
witness or
party to make
oath
or affirmantion.
9 of 1887.
17. (1) The High Court may, by notification, invest, with such
restrictions as it shall from time to time determine, any Court of Senior
Civil Judge or a Court of Civil Judge, with the jurisdiction for the trial of
suits cognizable by a Court of Small Causes established under the Provincial
Small Cause Courts Act, 1887 upto such amount as it may deem proper.
Investment of
small cause
powers to
courts of
Senior Civil
Judges or
Civil Judges.
(2) The High Court may, by notification withdraw or alter
whenever it thinks fit such jurisdiction of any Court of Senior Civil Judge or
Civil Judge, so invested.
9 of 1887. (3) (a) The provosions of the Provincial Small Cause Courts Act,
1887 applicable to Courts of Small Causes, shall apply to a court invested
under sub-section (1) with the jurisdiction of a Court of Small Causes, so far
as the exercise of that jurisdiction by those courts.
(b) Nothing in sub -clause (a) shall, with respect to the courts
invested with the jurisdiction of a court of Small Causes, apply to suit s
instituted or proceedings commenced in those court s prior to the date on
which they were invested with that jurisdiction.
1. These words were substituted for the words “or such other sum as the High Court may, from time to
time, specify” by Guj. 7 of 2014, s.4.
6 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21
(4) A court invested with the juri sdiction of a Court of Small Causes
under sub-section (1) with respect to the exercise of that jurisdiction and the
same court with respect to the exercise of its jurisdiction in suits of civil
nature which are not cognizable by a Court of Small Causes sha ll, for the
purposes of this Act and the Code be deemed to be different courts.
(5) Notwithstanding anything contained in this Act-
(a) when in the exercise of the juri sdiction of a Court of
Small Causes, a court invested with that jurisdiction sends a decree for
execution to itself as a court having jurisdiction in suits of a civil nature,
which are not cognizable by a Court of Samll Causes, or
(b) when a court in the exercise of its jurisdiction in suits of
a civil nature, which are not cognizable by a Court of Samll Causes sends a
decree for execution to itself as a court invested with the jurisdiction of a
Court of Small Causes.
the documants mentioned in rule 6 of Order XXI of the Code shall not be
sent with the decree unless in any case the court, by order in writing requires
them to be sent.
Judge not to
try suits in
which they are
interested, etc.
18. (1) No judicial officer shall try any suit in which he is a party or
personally interested or shall adjudicate upon any proceedings c onnected
with or arising out of such suit.
(2) No Judicial officer shall try any appeal against any decree or
order passed by himself in any other capacity.
(3) When any such suit, proceedings or appeal referred to in sub -
sections (1) and (2) comes b efore any such judicial officer, he shall report
the circumstances to the court to which he is immediately subordinate. The
said superior court shall thereupon dispose of the case in the manner
prescribed by section 24 of the Code.
Application
of the Code.
19. The procedure prescribed in the Code shall, save in so far as is
otherwise provided by this Act, be followed in all civil courts.
CHAPTER IV.
MISCELLANEOUS.
Temporary
vacancy of
office of
Principal
District Judge.
20. In the event of the death of the Principal District Judge or of his
being prevented from performing his duties by illness or otherwise or of his
absence on leave from the station in which his court is held, the Additional
District Judge of the district and if there are more than o ne Additional
District Judges, the senior most among them and if there is no Additional
District Judge in the district, the senior most Senior Civil Judge in the
district, shall, without interruption to his ordinary duties assume charge of
the office of th e Court of Principal District Judge and while so in charge
perform the duties of the Principal District Judge with respect to the filing of
the suits and appeals, receiving pleadings, execution of processes, return of
writs and the like, and shall continue in charge of the said court until the
same is resumed by a judge duly posted thereto.
2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 7
21. In the event of death, suspension or temporary absence of any
Principal Senior Civil Judge or Principal Civil Judge, the Principal District
Judge may empower any Senior Civil Judge or Civil Judge in the district to
perform such duties of such Principal Senior Civil Judge or Principal Civil
Judge, as the case may be, as specified in section 20 either at the place of
such court or of his own court, but in every such case the registers and
records of the two courts shall be kept distinct.
Temporary
vacancy of
office of
Principal
Senior Civil
Judge or
Principal Civil
Judge.
22. (1) The civil courts in the State shall be closed on such days as
may be notified by the High Court as public holidays for the whole State or
for such area in the State.
Vacation and
holidays.
(2) The civil courts in the State shall have such number of vacations
in each year as the High Court may declare but the total number of days of
such vacations shall not exceed thirty days.
(3) Notwithstanding anything contained in this Act or in the Code,
the High Court, may, by general or special order appoint the Principal
District Judge or an Addditional District Judge or a Senior Civil Judge as
vacation judge for the District and for the duration of the adjournment of the
court of Principal District Judge in any vacation or any part thereof and
regulate the work to be discharged by the vacation judge.
(4) The local limits of juri sdiction of the vacation judge shall be the
same as those of the Court of Principal 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 v acation judge shall hold his court at the place at which
court of Principal District Judge is normally held and he shall have
administrative control over all the staff of all civil courts in the district.
36 of 1963.
(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.
(7) 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.
23. (1) Subject to the other provisions of this Act and the rules and any
other law for the time being in force, all civil courts in a dis trict including
the staff thereof shall, subject to the control of the High Court, be
subordinate to the Court of District Judge.
Subordination
of civil courts.
(2) The civil courts shall maintain such forms, books of accounts,
records, registers and th e like as may be specified by the High Court in
consultation with the State Government.
8 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21
(3) The State Government may, for discharging its functions and
responsibilities, require, though 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 may be called for from time to time.
Power to
invest Senior
Civil Judges
with jurisdiction
under certain
Acts.
24. (1) The High Court may by general or special order invest any
Senior Civil Judge, within such local limits and subject to such pecuniary
limitation 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
Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act,
1954, or the Guardians and Wards Act, 1890.
4 of 1869.
39 of 1925.
43 of 1954.
8 of 1890.
(2) Every order made by a Senior Civil Judge by virtue of the
powers conferred upon him under sub -section (1) shall be subject to an
appeal to the High Court where the amount or value of the subject matter
exceeds rupees five lakhs or to the Court of District Judge where the amount
or value of the subject matter does not exceed rupees five lakhs.
(3) Every order of a Court of District Judge passed on appeal under
sub- section (2) from the order of a Senior Civil Judge shall be subject to an
appeal to the High Court under the rules contained in the Code applicable to
appeals from appellate decrees.
Fees for
process.
25. The High Court shall from time to time, with the sanction of the
State Government, prescribe and regulate by rules, the fees to be taken for
any process issued by any civil court . Such rules may provide for payment
of process fee in a lump sum in advance alongwith the plaint.
Mode of
conferring
powers.
26. Except as otherwise provided any powers 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.
Government
suits.
27. (1) No subordinate court other than the court of a Senior Civil
Judge and no Court of Small Cause shall receive or register any suit in
which the Government or any officer of the Government in his official
capacity is a party.
(2) In every such case, the plaintiff shall be referred to the court of
the Senior Civil Judge . Such suit shall be instituted only in the court of the
Senior Civil Judge and shall be heard by such Senior Civil Judge subject to
the provisions of section 24 of the Code.
Constitution
of consultative
committee.
28. The High Court shall constitute a consultative committee for each
district, consisting of such number of members and in such manner as may
be prescribed, for making suggestions for the infrastructural fa cilities in the
courts, improvement of work culture, co -ordination between the bar, bench
and other authorities and for the matter incidental thereto.
Power of
High Court
to make rules.
29. (1) The High Court may, after previous publication, by notification,
make rules for carrying out the purposes of this Act.
2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 9
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following
matters, namely:-
(a) the manner in which the proce edings of each civil court
shall be kept and recorded;
(b) regulating the grant of certified copies of papers in civil
court;
(c) regulating the duties and functions of the ministerial officers
of the civil courts;
(d) regulating the issue of lice nses by the Principal 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;
(e) providing a penalty of such amount not excee ding five
hundred rupees for breach of the rules made under clause (d) and the
authority who could investigate the breach of rules and purpose the penalty;
(f) forms, books, registers, records and accounts to be
maintained by the civil courts;
(g) payment of process fees in lump sum in advance alongwith
the plaint or otherwise;
(h) the manner in which a consultative committee may be
constituted for each district;
(i) any other matter, not incosistent with the provisions of this
Act which, in the opinion of the High Court , may be prescribed for the
effective enforcement of the Act.
Bom. XIV of 1869.
30. (1) On and from the appointed date the Bombay Civil Courts Act,
1869, in its application to the State of Gujarat, shall stand repealed.
Repeal and
savings.
(2) Such repeal shall not affect the previous operation of
the enactment so repealed and any thing done or any action taken including
the districts formed, limits defined, courts established or constituted,
appointments, rules or orders mad e, functions assigned, powers granted,
seals or forms prescribed, jurisdiction defined or vested and notifications or
notices issued by or under the provisions of the said Act and deemed to have
been done or taken under the provisions thereof shall, 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 in
force unless and until superseded by anything done or any action taken
under this Act.
10 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21
(3) Notwithunderstanding anything contained in sub -section (1) or
any other provisions of this Act or in the enactment repealed by sub -section
(1) or in any other law or provision having the force of law, all suits, appeals
and proceedings connected therewith, pending before any court, which under
this Act have to be instituted or commenced in another court, shall, on the
appointed day, stand transferred to such other court and shall be continued
and disposed of by such other court in accordance with la w as if such suit
and proceedings had been instituted or commenced in such other court under
this Act.
(4) If there be any doubt as to which court any suit, appeal or
proceedings shall stand transferred or as to which court any appeal shall be
preferred in accordance with the provisions of this Act the court designated
by the High Court shall be the court to which such suit, appeal or
proceedings shall be transferred or such appeal shall be preferred, and the
decision of the High Court shall be final.
(5) Notwithstanding such repeal, the provisions of section 7 of the
Bombay General Clauses Act, 1904 shall apply in relation to the repeal of
the Bombay Civil Courts Act, 1869 as if the Act had been an enactment
within the meaning of the said section 7.
Bom. 1 of 1904.
Bom. XIV of 1869.
Power to
remove
difficulties.
31. (1) If any difficulty arises in giving effect to the provisions of this
Act in consequence of the transition to the said provisions from the
provisions of any enactment or law in force ammediately before the
commencement of this Act, the State Government in consultation with the
High Court may by notification ; make such provisions as appear to it to be
necessary or expedient for removing the difficulty.
(2) No such notification shal l be issued after expiry of two years
from the date of commencement of this Act.
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Government Central Press, Gandhinagar.
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