LexThe KARNATAKA CIVIL COURTS ACT, 1964
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THE KARNATAKA CIVIL COURTS ACT, 1964
ARRANGEMENT OF SECTIONS
1.
Statements of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
2.
Short title, extent and commencement.
3.
Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
4.
Class and designation of Civil Courts.
5.
Establishment of District Court for a district.
6.
Appointment of Additional District Judges.
Establishment of Court of a Senior Civil Judge.
7. Establishment of Court of a Civil Judge.
8. Number of Senior Civil Judges and Court of a Civil Judges to the Court of
a Senior Civil Judge or Civil Judge.
9.
10.
Distribution of work when more than one Judge is appointed to a Court.
11.
Locality of Courts.
12.
Seal of Courts.
13.
Existing Courts to be deemed to be Courts established under this Act.
CHAPTER III
JURISDICTION
14.
Local limits of jurisdiction.
15.
Jurisdiction of District Court.
16.
Control of subordinate courts by a District Court.
Jurisdiction of Senior Civil Judge
17. Jurisdiction of Court of a Civil Judge
18.
19.
Appeals from District Courts.
Appeals from Senior Civil Judge
20. Appeals from Civil Judge
21.
22.
Appellate jurisdiction of the Judge of Court of Small Causes.
Power to invest the court of the Senior Civil Judge with small cause
powers
2
23.
23A.
Power to invest Senior Civil Judge with jurisdiction under certain Acts.
under the Indian Succession Act, 1925.
Investiture of subordinate courts with jurisdiction of District Court
24. Judges not to try suits in which they are interested nor to try appeals
from decrees passed by them in other capacities.
CHAPTER IV
MISCELLANEOUS
25. Temporary charge of office of District Judge.
26. Transfer of proceedings on vacation of office by Senior Civil Judge or
Civil Judge.
27. Power of High Court to make rules.
28. Vacation.
29. Repeal and savings.
30. Substitution of the expression “Civil Judge” and “Munsiff” for other
expressions in certain laws in force.
30A. Substitution of the expressions “Senior Civil Judge”, “Civil Judge”,
“Court of Senior Civil Judge”, “Court of Civil Judge”, for the expressions in
certain laws in force.
30B. Construction of references to Civil Judg e, Court of Civil Judge or Civil
Judges Court or Court of Civil Judge (Senior Division), Munsiff and Munsiff’s
Court, Civil Judge (Junior Division) and Court of Civil Judge (Junior Division)
in any judgment and decree etc.,
SCHEDULE
* * * *
STATEMENTS OF OBJECTS AND REASONS
I
Act 21 of 1964. — There are at present five different enactments in force
in the five Areas of the Mysore State to regulate the constitution, powers
and jurisdiction of civil courts. It is proposed to have a uniform law on the
subject. Hence this Bill.
The following are the salient features of the Bill, namely:—
(1) provision for three classes of Civil Courts subordinate to the High
Court, namely:—
(i) the Court of the District Judge called the District Court;
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(ii) the Court of the Civil Judge; and
(iii) the Court of the Munsiff;
(2) provision for the establishment of a District Court for each district
or more than one district and for treating the City of Bangalore as a
district;
(3) provision for the establishment of a Court of a Civil Judge for
each district; or for part of a district or for more than one district;
(4) provision for fixing and varying by the High Court with the
approval of the State Government, the number of Civil Judges and Muns iffs
to be appointed to the Court of a Civil Judge or Munsiff’s Court;
(5) provision empowering the State Government to fix the locality of
courts in consultation with the High Court;
(6) provision for treating the Courts of Civil Judges (Senior Division)
in the Bombay Area, the Courts of Civil Judges in the Mysore Area; and the
Courts of Subordinate Judges, as Courts of Civil Judges; and for treating the
Courts of Civil Judges (Junior Division) in the Bombay Area, the Courts of
District Munsifs in the Ma dras Area and the Courts of Munsiffs in the other
Areas, as Munsiffs’ Courts;
(7) conferment of unlimited pecuniary jurisdiction on the Court of a
Civil Judge in respect of all original suits and proceedings of a civil nature;
(8) provision for conferment of jurisdiction on the Munsiff’s Court in
respect of all suits and proceedings of a civil nature of which the amount or
value of the subject matter does not exceed five thousand rupees and on
the recommendation of the High Court, the jurisdiction of any Munsiff’s
Court may be extended by the State Government to all original suits and
proceedings of a civil nature, the value of the subject matter of which does
not exceed ten thousand rupees;
(9) provision for appeals from decrees and orders passed by a
Munsiff to the District Court; and transfer by the District Judge to the Court
of the Civil Judge within this jurisdiction of appeals the value of the subject
matter of which does not exceed five thousand rupees;
(10) provision empowering the High Court to invest any Judge of a
Court of Small Causes with powers to hear appeals from such decrees and
orders of Munsiffs’ Courts as may be referred by the District Judge;
(11) provision empowering the High Court to invest the Court of a
Civil Judge and the Court of a Munsiff with small cause powers, not
exceeding two thousand rupees in the case of a Court of a Civil Judge and
not exceeding five hundred rupees in the case of a Court of a Munsiff.
(Published in the Karnataka Gazette (Extraordinary) Pare IV —2 -A,
dated 7th June 1962 at page. 154–155).
4
II
Act 11 of 1965.—Representations have been received from the Bar
Associations in the Bombay Area requesting amendment of the Mysore Civil
Courts Act, 1964, to provide for transfer of appeals from decrees passed by
Civil Judges (Junior Division) pending before District Courts to the Courts of
Civil Judges. The High Court has also suggested amendment of the Act for
the purpose.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
27th March 1965, as No. 69 at page. 3.)
III
Act 81 of 1976. —According to the Civil Courts Act, 1964, appeals
from decisions of Munsiffs lie to the Courts of Civil Judges. The Civil Judges
are invested in addition, with unlimited jurisdiction in civil matter s of the
value exceeding Rs. 10,000. They are also invested with trial of cases under
the Land Acquisition Act and the Hindu Marriage Act. Consequently, there is
heavy pendency in these courts.
In order that the pendency of the said appeals in reduced, and also
in order that sufficient work is provided to such of the District Courts, which
(in some Districts) have not much work, it is proposed to amend the Act and
provide that appeals from decision of Munsiffs where the value of the
subject matter is more than five thousand rupees shall lie to the District
Courts.
Small cause jurisdiction of Small Causes Judges has recently been
enhanced to Rs. 3,000. It is proposed to enhance similar jurisdiction of Civil
Judges invested with small cause powers also to Rs. 3,000.
Courts of Civil Judges are generally located in district headquarters.
It causes hardship to the litigant public to approach these courts to obtain
succession certificate until the Indian Succession Act for small sums of
money. In order to obviate this, it is proposed to empower the High Court to
invest Civil Judges, Munsiffs with this powers.
To overcome certain working difficulties experienced of making in
charge arrangements during the temperate absence of officers, and during
summer vacation, amendments are proposed to sections 25, 26 and 28.
It is also proposed to repeal the provisions relating to village courts
and nyaya panchayats under the Madras Village Courts Act, 1888, the
Mysore Village Courts Act, 1913 and the Bombay Village Panchayat Act,
1933.
5
Opportunity is taken to incorporate certain other consequential
amendments.—
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
8th November 1976 as No. 4421 at page. 7–8.)
IV
Act 8 of 1978. —Section 23 of the Karnataka C ivil Courts Act, 1964
empowers the High Court to invest a Civil Judge with all or any powers of
the District Judge under several enactments. One of these is the Indian
Succession Act, 1925 (Central Act 39 of 1925). As it was felt that the power
to issue su ccession certificates and probates or letters of Administration
should be given to the Munsiffs also in addition to the Civil Judges, in the
interest of the litigant public residing in the moffusil areas, new section 23 -A
was inserted by the section 5 or t he Karnataka Civil Courts (Amendment)
Act, 1976 and as a corollary section 23 (1) (iv) of the Civil Courts Act and
section 265 and 388 of the Indian Succession Act were repealed.
The Karnataka Civil Courts (Amendment) Act, 1976 which has been
assented to by the Governor has not yet come into force. The High Court is
of the view that as the amendment Act has amended the Indian Succession
Act, it requires the assent of the President and as the same has not been
obtained the said Act is void.
State Governmen t is of the opinion that Presidents’ assent to the
amendments is not necessary as what has been amended by sections 4
and 5 of the amendment Act is the Civil Courts Act and not the Succession
Act and omission of the provisions of the Succession Act by sect ion 10 of
the Amendment Act is only a consequential amendment.
However, in view of High Court’s opinion and the harassment that
may result to the litigant public should the said provisions be struck down, it
is proposed to omit the said three sections 4, 5 and 10, and to bring the rest
of the provisions into force at once.
Since the Legislative Assembly was not in session an Ordinance
was promulgated. This Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
20th March 1978 as No. 276 at page. 3.)
V
Act 28 of 1978. —The Karnataka Civil Courts Act at present permits the
High Court to invest only Civil Judges with the powers of District Judges
under the Indian Succession Act. The amendments propose d by the Bill
seek to empower the High Court to invest Munsiffs too with the said powers.
A provision has also been made for appeal to the Civil Judge against the
order passed by the Munsiff and to the District Court where the order is
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passed by a Civil Ju dge. The other amendments are consequential
amendments. The High Court has agreed to the proposal.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 1st
August 1978 as No.1098 at page. 3.)
VI
Act 13 of 1980. —City Civil Courts are functioning in the Metropolitan
Cities of Bombay, Madras, Calcutta, Hyderabad and Ahmedabad. The High
Court is of the opinion that a City Civil Court on the pattern of the City Civil
Courts functioning in the other cities above- named may be constituted for
the City of Bangalore also. When such a City Civil Court is constituted, the
Sessions Judge will deal exclusively with criminal work and the supervision
of the work of the Magistrates’ Courts. As there will be an appeal only to the
High Court against the decision of the City Civil Court, this would not only
minimise the delay in disposal of cases but also reduce the cost of litigation.
The Government have therefore, considered it necessary to constitute a
City Civil Court for the City of Ba ngalore. It is also proposed to abolish
vacation in civil courts.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
16th May 1979 as No.473 at page. 14.)
VII
Act 11 of 1981. —In view of the heavy arrears of cases i n the
Subordinate Civil Courts, it was considered necessary to increase the
number of working days of all such courts. Accordingly, the vacation to all
such courts was reduced from 60 days to 30 days by amending the relevant
provisions in the Karnataka Civ il Courts Act, 1964 and the Karnataka Small
Cause Courts Act, 1964. In the Bangalore City Civil Court Act, 1979, the
duration of vacation for the City Civil Court, Bangalore City was also fixed at
30 days.
There have been a spate of representations from t he various Bar
Associations in the State protesting against the reduction of vacation for
these courts and they have been requesting the Government for restoration
of vacation to the Subordinate Courts to the full period of 60 days as before.
7
Further, the subordinate Courts in the neighbouring State of Tamil Nadu,
Andhra Pradesh and Kerala have vacations during summer, winter and
Dasara totalling nearly 60 days or even more.
In view of the repealed requests from the several Bar Associations in the
State for the restoration of vacation to the full period of 60 days and in view
of the recommendation made by the High Court in this behalf, it is
considered necessary that the vacation for the Civil Courts may be restored
to 60 days, instead of 30 days, as before.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
28th March 1981 as No. 209 at page. 3.)
VIII
Act 26 of 1985. — With a view to provide uniform provision regarding
vacations in the Karnataka Small Cause Courts Act, 1964, the Karnataka
Civil Courts Act, 1964 and the Bangalore City Civil Courts Act, 1979, it is
considered necessary to amend the relevant sections of the said Acts.
Opportunity is also taken to make provisions for appointment of Vacation
Judges in the Kar nataka Small Causes Court Act and other consequential
changes.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
26th July 1985 as No. 400 at page. 6.)
IX
Act 13 of 1989. — The pecuniary jurisdiction of the Courts of Munsiffs,
Courts of small causes and of District court was fixed long back, at a time
when the value of properties was far below their present value. In view of
the appreciable increase in the value of properties, more and more litigants
are forced to appr oach higher courts, instead of the lower courts as before,
for getting necessary reliefs.
Keeping in view the increase in the value of the properties, decrease in
rupee value and increase in banking and business activities, it is proposed
to increase the pecuniary jurisdiction of courts as follows:—
Munsiffs Courts—From Rs. 10,000/ - to Rs. 50,000/-
Courts of Small Causes—From Rs. 10,000/ - to Rs. 25,000/-
District Courts, in relation to appeals —From Rs. 20,000/ - to Rs.
1,00,000/-
Hence the Bill.
8
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
30th May 1988 as No. 351 at page. 4.)
X
Act 3 of 1994. —It is considered necessary to enhance the pecuniary
jurisdiction of the Civil Judges and Munsiffs, who are invested with the
jurisdiction to try suits cognizable by a Small Causes Court under Section 22
of the Karnataka Civil Courts Act, 1964, from rupees three thousand to
twenty-five thousand in the case of the Court of Civil Judges and from
rupees five hundred to three thousand in the case of Munsiff’s Court.
The Karnataka Civil Courts (Amendment) Ordinance, 1993 was
promulgated for the above purpose. This Bill seeks to replace the said
Ordinance.
Hence the Bill.
(Obtained from L A Bill No. 26 of 1993 File No. LAW 64 LGN 93.)
XI
Act 16 of 1996. —One of the directive of the Supreme Court of India, in
its judgement dated the 24th August, 1993 in the All India Judges
Association versus the Union of India and others, is to bring about uniformity
in the designations of judicial officers both in the Civil and Criminal sides.
In order to implement the decision of the Supreme Court, it is necessary
to amend the Karnataka Civil Courts Act, 1964, suitably.
Hence the Bill.
(Obtained from L A Bill No. 19 of 1996, File No. DPAL 8 LGN 96.)
XII
Amending Act 26 of 2007. — The pecuniary jurisdiction of the Courts of
Civil Judge (Junior Division), Civil Judge (Senior Division), Small Causes
Courts and District Courts and of High Court was fixed long back, at a time
when the value of the properties was far below their present value. In view
of the appreciable increase in the value of properties, litigants are forced to
approach higher courts, instead of lower courts as before, for getting
necessary reliefs.
Keeping in view the increase in the value of properties in rupee value
and increase in banking and business activities, it is proposed to increase
the pecuniary jurisdiction of courts.
Hence the Bill.
[L.A. Bill No. 34 of 2007]
[Entry 65 of List II of the Seventh Schedule to the Constitution of India.]
9
XIII
Amending Act 21 of 2009. - The first National Judicial Pay
Commission has requested the High Courts and State Governments/Union
Territories Administration to make necessary amendments to the term Civil
Judge (Junior Division) and Civil Judge (Senior Division) mentioned in the
respective enactments, rules, regulations, circulars etc., Therefore, it is
considered necessary to amend the Karnataka Civil Courts Act, 1964, to
implement the above recommendations.
Hence, the Bill.
(LA Bill No.28 of 2009, File No.DPAL 31 Shasana 2008)
(Entry 65 of List II of the Seventh Schedule to the Constitution of India.)
XIV
Amending Act 30 of 2015. - It is considered necessary to amend the
Karnataka Small Cause Courts Act, 1964 (Karnataka Act 11 of 1964) and
consequentially the Karnataka Civil Court Act, 1964 (Karnataka Act 21 of
1964) to provide for enhancement of pecuniary jurisdiction of the small
causes courts in the State.
Hence the Bill.
[L.A. Bill No. 25 of 2015, File No. Samvyashae 33 Shasana 2014]
[entry 65 of List II of the Seventh Schedule to the Constitution of India.]
* * * *
10
1[KARNATAKA ACT]1 No. 21 OF 1964
(First published in the 1[Karnataka Gazette]1 on the Ninth day of April, 1964.)
THE 1[KARNATAKA]1 CIVIL COURTS ACT, 1964.
(Received the assent of the President on the Twenty-eighth day of March, 1964.)
(As amended by Karnataka Acts 11 of 1965, 81 of 1976, 8 of 1978, 28 of 1978,
13 of 1980, 11 of 1981, 26 of 1985, 13 of 1989, 3 of 1994, 16 of 1996,
26 of 2007, 21 of 2009 and 30 of 2015)
An Act to provide for a uniform law relating to the constitution,
powers and jurisdiction of the Civil Courts in the 1 [State of
Karnataka]1 subordinate to the 1[High Court of Karnataka]1.
WHEREAS it is expedient to provide for a uniform law relating to the
constitution, powers and jurisdiction of the Civil Courts in the 1 [State of
Karnataka]1 subordinate to the 1[High Court of Karnataka]1;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Fourteenth
Year of the Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called
the 1[Karnataka]1 Civil Courts Act, 1964.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(2) It extends to the 1[whole of State of Karnataka except the City of
Bangalore.]1
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980 by notification. Text of notification is
at the end of the Act.
(3) It shall come into force on such 1 [date]1 as the State Government
may, by notification, appoint.
1. The Act come into force w.e.f. 1.7.1964 by notification. Text of the notification is at the
end of the Act.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date notified under sub- section (3) of
section 1;
1[(aa) "City of Bangalore" shall have the meaning assigned to it in the
Bangalore City Civil Court Act, 1979;]1
1. Inserted by Act 13 of 1980 w.e.f. 17.11.1980.
(b) “Civil Court” means a District Court, 1[Court of a Senior Civil Judge] 1
or a 1[Court of a Civil Judge]1;
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by Act 21 of
2009 w.e.f. 28.8.2009.
11
(c) “district” means a revenue district or such local area as may be
notified by the State Government to be a district for the purposes of this Act;
1[Explanation.—For the purpose of this clause Bangalore revenue
district shall be exclusive of the City of Bangalore.]1
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980.
(d) “High Court” means the High Court of the 1[State of Karnataka]1
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(e) “notification” means a notification published in the official Gazette;
(f) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
3. Class and designation of Civil Courts. —There shall be three
classes of Civil Courts subordinate to the High Court, namely, (1) the District
Court; (2) the 1[Court of a Senior Civil Judge ] 1; and (3) the 1 [Court of a
Civil Judge]1.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by Act 21 of
2009 w.e.f. 28.8.2009.
4. Establishment of a District Court for a district.- (1) There shall be a
District Court for each district:
Provided that the State Government may, in consultation with the High
Court, establish a District Court, for more than one district.
(2) Each District Court shall be presided over by a District Judge.
5. Appointment of Additional District Judges. - (1) The State
Government may, on the recommendation of the High Court, appoint one or
more Additional District Judges to a District Court for such period as it may
deem necessary.
(2) The Additional District Judge so appointed shall, subject to the
general or special orders of the High Court, discharge all or any of the
functions of the District Judge under this Act, or any other law for the time
being in force, w hich the District Judge may assign to him, and in the
discharge of those functions, he shall exercise the same powers as the
District Judge.
6. Establishment of
1[Court of a Senior Civil Judge] 1.- (1) There shall
be a 1[Court of a Senior Civil Judge]1 for each district:
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f. 28.8.2009.
12
Provided that the State Government may, in consultation with the High
Court, establish such a Court for part of a district, or for more than one
district, as the case may be.
(2) Each 1[Court of a Senior Civil Judge] 2 shall be presided over by a
1[Senior Civil Judge]1.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by Act 21 of
2009 w.e.f. 28.8.2009.
7. Establishment of 1 [Court of a Civil Judge] 1.—(1) There shall be in
each district such number of 1 [Court of a Civil Judge] 1 as may be fixed by
the State Government, in consultation with the High Court.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.199 6 and again substituted by Act 21 of
2009 w.e.f.28.08.2009.
(2) Each 1 [Court of a Civil Judge] 1 shall be presided over by a 1[Civil
Judge]1.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f. 28.8.2009.
8. Number of 1[Senior Civil Judges]1 and 1[Court of a Civil Judges] 1
to the 1[Court of a Senior Civil Judge] 1 or 1[Civil Judge] 1.— The State
Government, may, in consultation with, the High Court fix and from time to
time vary, by notification, the number of 1[Senior Civil Judge] 1 to be
appointed for the 1[Court of a Senior Civil Judge] 1 and the number of 1[Civil
Judge]1 to be appointed for a 1[Court of a Civil Judge]1.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
9. Distribution of work when more than one Judge is appointed to a
Court.— (1) When more than one 1[Senior Civil Judge] 1 is appointed to the
1[Court of a Senior Civil Judge] 1, or more than one 1 [Civil Judge] 1 is
appointed to a 1[Court of a Civil Judge]1, one of the 1[Senior Civil Judge]1 or
one of the 1[Civil Judge]1, shall be appointed as the Principal 1 [Senior Civil
Judge]1 or the Principal 1[Civil Judge] 1 and the others Additional 1 [Senior
Civil Judges]1 or Additional 1[Civil Judge]1, as the case may be.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(2) Each of the Judges appointed to the 1[Court of a Senior Civil Judge]1
or a 1[Court of a Civil Judge] 1 may exercis e all or any of the powers
conferred on such Court by this Act or any other law for the time being in
force.
13
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(3) Subject to the general or sp ecial orders of the District Judge, the
Principal 1[Senior Civil Judge]1 or the Principal 1[Civil Judge]1 may, from time
to time, make such arrangements as he thinks fit, for the distribution of the
business of the Court among the various 1[Senior Civil Ju dges]1 or 1[Civil
Judges]1 thereof.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again Substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
10. Locality of Courts. - (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 altered, by the State Government in consultation with the High Court.
(2) The places at which the said Courts are being held immediately prior
to the appointed day, shall, until an order is made under sub -section (1), be
deemed to be the places fixed under sub-section (1).
(3) The places fixed for any Court under this section shall be deemed to
be within the local limits of the jurisdiction of that Court.
11. Seal of Courts. —Every Civil Court under this Act, s hall use a seal
which shall bear thereon the 1 [Karnataka State Emblem] 1 and shall be in
such form, of such dimensions and with the name of the Court in such
language, as the State Government may, by order, determine:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
Provided that the seals in use in every such Civil Court immediately prior
to the appointed day may continue to be used until an order is made by the
State Government under this section.
12. Existing Courts to be deemed to be Courts established under
this Act.—(1) The District Courts existing immediately prior to the appointed
day shall be deemed to be District Courts established under this Act, until
they are reconstituted in accordance with this Act.
(2) The fol lowing Courts existing in the State immediately prior to the
appointed day, namely:—
(a) the Courts of Civil Judges (Senior Division) in the 1[Belgaum Area]1;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(b) the Courts of Civil Judges in the Mysore Area, and
(c) the Courts of Subordinate Judges,
shall be deemed to be Courts of Civil Judges established under this Act.
(3) The following Courts existing immediately prior to the appointed day,
namely:—
14
(a) the Courts of Civil Judges (Junior Division) in the 1[Belgaum Area]1,
(b) the Courts of Munsiffs in the Mysore Area, the 1[Gulbarga Area]1 and
the Coorg District, and
(c) the Courts of District Munsiffs in the 1[Mangalore and Kollegal Area]1,
-shall be deemed to be Munsiff's Court established under this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
CHAPTER III
JURISDICTION
13. Local limits of jurisdiction. — (1) The State Government shall, in
consultation with the High Court, and subject to the provisions of section 4
and section 6 of this Act, fix and may from time to time vary, by notification,
the local limits of the jurisdiction of any District Court or 1[Court of a Senior
Civil Judge]1 under this Act.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(2) The State Government shall, in consultation with the High Court, fix
and may from time to time vary by notification the local limits of jurisdiction
of any 1[Court of a Civil Judge]1 under this Act.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f.28.08.2009.
(3) Until notifications are issued under sub- section (1) or sub-section (2),
the existing local limits of jurisdiction of every Civil Court shall be deemed to
have been fixed under this Act.
1[(4) Where the local limits of the jurisdiction of any District Court, 2[Court
of a Senior Civil Judge] 2 or 2[Court of a Civil Judge] 2 is vari ed by a
notification issued under sub- section (1) or sub- section (2), the High Court
may make such orders as it may consider necessary for the transfer of suits,
applications, appeals and other proceedings pending in any such court.]1
1. Inserted by Act 13 of 1980 w.e.f. 17.11.1980.
2. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
.
14. Jurisdiction of District Court. —(1) The District Court shall be
deemed to be the principal Civil Court of original jurisdiction within the local
limits of its jurisdiction.
(2) Subject to the provisions of the Code of Civil Procedure, 1908
(Central Act 5 of 1908), the jurisdiction of a District Court shall extend to all
original suits and proceedings of a civil nature.
15
15. Control of subordinate courts by District Court. — The District
Court shall, subject to the general control of the High Court, have control
over all other Civil Courts within the local limits of its jurisdiction.
16. Jurisdiction of 1[Senior Civil Judge]1.—The jurisdiction of the
2[Court of a Senior Civil Judge] 2 shall extend to all original suits and
proceedings of a civil nature.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
2. Substituted by Act 13 of 1989 w.e.f. 17.4.1989 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
17. Jurisdiction of 1[Court of a Civil Judge] 1.— The jurisdiction of a
1[Court of a Civil Judge] 1 shall extend t o all original suits and proceedings
of a civil nature, not otherwise excluded from the 1[Civil Judge]1 jurisdiction,
of which the amount or value of the subject -matter does not exceed 2[five
lakh rupees]2
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
2. Substituted by Act 26 of 2007 w.e.f. 28.8.2007.
18. Appeals from District Courts. —Appeals from the decrees and
orders passed by a District Court in original suits and proceedi ngs of a civil
nature shall, when such appeals are allowed by law, lie to the High Court.
19. Appeals from 1[Senior Civil Judge)] 1.—Appeals from the decrees
and orders passed by a 1 [Senior Civil Judge] 1 in original suits and
proceedings of a civil nature, shall, when such appeals are allowed by law,
lie,—
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f. 28.8.2009.
(1) to the District Court, when the amount or value of the subject -matter
of the original suit or proceeding 1[does not exceed ten lakh rupees]1;
1. Substituted by Act 26 of 2007 w.e.f. 28.8.2007.
(2) to the High Court, in other cases.
20. Appeals from 1[Civil Judge] 1.- Appeals from the decrees and
orders passed by a 1[Civil Judge]1 in original suits and proceedings of a civil
nature, shall, when such appeals are allowed by law, lie to the 1[Court of a
Senior Civil Judge]1.
1. Substituted by Act 16 of 1996 w.e.f . 21.9.1996 and again substituted by Act 21 of
2009 w.e.f. 28.8.2009.
16
1[20. Appeals from Munsiff. - (1) Appeals from the decrees and
orders passed by a Munsiff in original suits and proceedings of a civil
nature, shall, when such appeals are allowed by law, lie,-
(i) to the Court of the Civil Judge, when the amount or val ue of the
subject matter of the original suit or proceedings is not more than five
thousand rupees;
(ii) to the District Court, in other cases.
(2) Not withstanding anything contained in sub- section (1), but
subject to the general or special orders of t he High Court, the District Court
may, at any stage, withdraw any appeal pending before a Court of the Civil
Judge subordinate to it and dispose of the same, and in respect of such
appeal, the District Court shall, for the purpose of this Act, be deemed to be
the competent appellate Court]1
1. This section is substituted by Act 81 of 1976 but not yet brought into force
21. Appellate jurisdiction of the Judge of Court of Small Causes. —
The High Court may, by notification, invest any Judge of the Court of Small
Causes established under the 1[Karnataka]1 Small Causes Courts Act, 1964,
with powers to hear appeals from such decrees and orders of 1 [Courts of a
Civil Judges]1 as may be referred to him by the District Judge.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
2. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f.28.08.2009.
1[22. Power to invest the 2[court of the Senior Civil Judge] 2 with small cause
powers- (1) The High Court, may by notification, invest within such limits, as it
shall from time to time, determine, the 2[court of a Senior civil Judge] 2 with
jurisdiction for the trial of suits cognizable by a court of small causes up to 3[two
lakhs rupees in Bangalore city and one lakh rupees in other places]3
.(2) The High Court, may by notification, withdraw or alter, whenever it
thinks fit, such jurisdiction of the 2[court of the Senior civil judge] 2 so
invested.]1
1. Substituted by Act 26 of 2007 w.e.f. 28.8.2007.
2. Substituted by Act 21 of 2009 w.e.f. 28.8.2009.
3. Substituted by Act 30 of 2015 w.e.f. 04.08.2015.
23. Power to invest 1[Senior Civil Judge] 1 with jurisdiction under
certain Acts.—(1) The High Court may, by notification, invest any 1 [Senior
Civil Judge]1 within such local limits and subject to such pecuniary limitation
as may be specified in such notification, with all or any of the powers of a
17
District Judge or a District Court, as the case may be, under the following
Acts, namely:—
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(i) The Indian Divorce Act, 1869 (Central Act 4 of 1869);
(ii) The Guardians and Wards Act, 1890 (Central Act 8 of 1890);
(iii) The Indian Lunacy Act, 1912 (Central Act 4 of 1912);
1[(iv) x x x]1
1. Omitted by Act 28 of 1978 w.e.f. 1.2.1979 by notification. Text of the notification is at
the end of the Act.
(v) The Special Marriage Act, 1954 (Central Act 43 of 1954).
(2) Every order made by a 1[Senior Civil Judge] 1 by virtue of t he powers
conferred upon him under sub-section (1) shall be subject to appeal,—
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(i) to the District Court, when the amount or value of the su bject matter is
less than twenty thousand rupees;
(ii) to the High Court, in other cases.
(3) Every order of the District Judge passed on appeal under sub- section
(2) from the order of a 1[Senior Civil Judge]1 shall be subject to an appeal
to the High Co urt under the rules contained in the Code of Civil
Procedure, 1908, applicable to appeals from appellate decrees.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
1[23A. Investiture of subor dinate courts with jurisdiction of District
Court under the Indian Succession Act, 1925. —(1) The High Court may,
by notification, invest any 2[Senior Civil Judge] 2 or 2[Civil Judge] 2, within
such local limits and subject to such pecuniary and other limitat ions as may
be specified in such notification, with all or any of the powers of a District
Judge under the Indian Succession Act, 1925 (Central Act 39 of 1925).]1
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 .
2. Substituted by Act 21 of 2009 w.e.f. 28.8.2009.
(2) Any 1[Senior Civil Judge] 1 or 1[Civil Judge] 1 invested with powers
under sub- section (1) shall have concurrent jurisdiction with the District
Judge in the exercise of the powers conferred by the said Act upon the
District Judge, and the provisions of the said Act relating to the District
Judge shall apply to such 1 [Senior Civil Judge] 1 or 1[Civil Judge]1, as the
case may be, as if he were the District Judge:
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
18
Provided that every order made by the 1[Senior Civil Judge]1 or the 1[Civil
Judge]1 by virtue of the powers conferred upon him under sub- section (1)
shall be subject to appeal,—
(i) to the Court of 1[Senior Civil Judge]1 when the order is passed by the
1[Civil Judge]1;
(ii) to the District Court where the order is passed by a 1[Senior Civil
Judge]1.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(3) Every order passed on appeal under the proviso to sub- section (2)
shall be subject to appeal to the High Court under the rules contained in the
Code of Civil Procedure, 1908, applicable to appeals from appellate
decrees.]1
1. Inserted by Act 28 of 1978 w.e.f. 1.2.1979.
24. Judges not to try suits in which they are interested; nor to try
appeals from decrees passed by them in other capacities. — (1) No
District Judge, 1[Senior Civil Judge]1 or 1[Civil Judge]1 shall try any suit to or
in which he is a party or personall y interested, or shall adjudicate upon any
proceedings connected with or arising out of such suit.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(2) No District Judge, 1[Senior Civil Judg e]1 or Judge of the Court of
Small Causes shall try any appeal against any decree or order passed by
himself in any other capacity.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(3) When any such suit, proceeding or appeal comes before any such
Judge or 1[Civil Judge]1, he shall report the circumstances to the Court to
which he is immediately subordinate.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f.28.08.2009.
(4) The superior Court shall thereupon dispose of the case in the manner
prescribed by section 24 of the Code of Civil Procedure, 1908 (Central Act 5
of 1908).
CHAPTER IV
MISCELLANEOUS
2[25. Temporary charge of office of District Judge.—(1) In the event of
the death, suspension, resignation or removal of the District Judge, or of his
being incapacitated from performing his duties by illness or otherwise or of
19
his absence on leave or for any other reason from the place in which his
Court is held, the Senior Additional District Judge or the Additional District
Judge, as the case may be, or if there be no Additional District Judge, the
1[Senior Civil Judge] 1 of the Court at that place if there be only one, and if
there be more than one, the Principal 1[Senior Civil Judge] 1 and if such
Principal 1[Senior Civil Judge] 1 is absent, the Additional 1[Senior Civil
Judge]1 present thereof, shall, without relinquishing his ordinary duties,
assume charge of the District Court and shall continue in charge thereof
until the same is assumed by the District Judge or by a Judge duly
appointed thereto.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by Act 21 of
2009 w.e.f. 28.8.2009.
(2) While in charge of the District Court, under sub- section (1), the
Senior Additional District Judge, the Additional District Judge, the Principal
1[Senior Civil Judge] 1, the Additional 1[Senior Civil Judge] 1 or the 1[Senior
Civil Judge]1, as the case may be, shall, subject to the general or special
orders of the High Court issued in this behalf, exercise all the powers and
perform all the duties of the District Judge.
1.
Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again
substituted by Act 21 of 2009 w.e.f. 28.8.2009.
26. Transfer of proceedings on vacation of office by 1[Senior Civil
Judge]1 or 1[Civil Judge] 1 .— (1) In the event of the death, suspension,
resignation or removal of a 1[Senior Civil Judge]1 or 1[Civil Judge]1 or of his
being incapacitated by illness or otherwise fr om performing his duties or of
his absence on leave or for any other reason from the place at which the
court is held, the District Judge may, subject to the general or special orders
of the High Court, withdraw any of the proceedings in the court of such
1[Senior Civil Judge] 1 or 1[Civil Judge]1 to his own court or transfer them to
any other court under his administrative control, competent to dispose them.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
(2) Proceedings withdrawn or transferred under sub- section (1) shall be
disposed of as if they had been instituted in the court to which they had
been so withdrawn or transferred.
(3) The District Judge may re -transfer to the Court of 1 [Senior Civil
Judge]1 or 1[Civil Judge]1 any proceedings withdrawn or transferred under
sub-section (1) to his own or any other court.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
.
20
(4) For the purpose of proceedings which are not pending in the [Court of
a Senior Civil Judge] 1 or 1[Civil Judge] 1 on the occurrence of an event
referred to in sub- section (1), and with respect to which that court has
exclusive jurisdiction, the District Judge may exercise all or any of the
powers and jurisdiction of that Court.]2
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996 and again substituted by
Act 21 of 2009 w.e.f. 28.8.2009.
2. Section 25 and 26 substituted by Act 81 of 1976 w.e.f. 1.10.1978.
27. Power of High Court to make rules.— (1) The High Court may, after
previous publication, by notification, make rules consistent with this Act and
any other law for the time being in force,—
(a) prescribing the manner in which the proceedings of each Civil Court
shall be kept and recorded;
(b) regulating the grant of copies of papers in Civil Courts;
(c) regulating the duties and functions of the ministerial officers of Civil
Courts;
(d) declaring what persons shall be permitted to act as petition- writers in
the Civil Courts, and regulating the issue of licences to such persons, the
conduct of business by them, and the scale of fees to be charged by them;
(e) providing a penalty of such amount not exceeding fifty rupees for
breach of any of the rules made under clause (d);
(f) determining the authority by which such breaches of the rules shall be
investigated and the penalties imposed.
(2) Every penalty imposed under a rule made under sub- section (1) shall
be recovered as if it were a fine imposed by a Magistrate in the exercise of
his ordinary jurisdiction.
28. Vacation. —(1) The Civil Courts in the State or in any area of the
State shall be closed on such days as may be notified by the State
Government as public holidays for the whole State or for such area in the
State.
(2) The Civil Courts shall have three vacations in each year, namely,
Summer, Dasara and Winter, and the total number of the said three
vacations shall not exceed 1 [sixty days]1 and the High Court shall fix the
period of each vacation.
1. Substituted by Act 11 of 1981 w.e.f. 4.4.1981.
(3) Notwithstanding anything contained in this Act or in the Code of Civil
Procedure, 1908 (Central Act 5 of 1908),—
(a) the High Court, may, where there are more than one District Judge in
any District Court, designate by notification any one of those District Judges
21
as the Vacation District Judge for the duration of the adjournment of any
District Court in 1[any vacation or of any part thereof]1;
1. Substituted by Act 26 of 1985 w.e.f. 29.4.1985.
3[(b) where there is only one District Judge in any district, the High
Court may, by notification, designate such District Judge or appoint a
1[Senior Civil Judge] 1 in the district as the Vacation District Judge or the
Vacation 1[Senior Civil JuExcerpt shown. Open the full act in Lexace.