The KERALA CIVIL COURTS ACT, 1957

THE KERALA CIVIL COURTS ACT, 1957  
(Act 1 of 1957)
CONTENTS
Sections.
PART I 
PRELIMINARY 
1. Short title, extent and commencement.
PART II 
ESTABLISHMENT AND CONSTITUTION OF SUBORDINATE CIVIL
COURTS 
2. Classes of subordinate civil courts.
3. Establishment of District Court.
4. Appointment of Additional District Judges.
5. Establishment of Subordinate Judge’s Courts and Munsiff’s Courts.
6. Principal and Additional Subordinate Judge and Munsiff
7. Court’s location.
8. Seal of Court.
PART III
JURISDICTION
9. Local limits of jurisdiction of Subordinate Judge’s Courts.
10. Local Limits of jurisdiction of Munsiff’s Courts.
11. Jurisdiction of District Court and Subordinate Judge’s Court in original suits.
12. Appeals from decrees and orders of District Court or Subordinate Judge’s Court.
13. Appellate jurisdiction of District Court and Subordinate Judge’s Court.
14. Power to require witness or partly to make oath or affirmation.
15. Judges not to try suits in which they are interested; nor to try appeals from decrees 
   passed by them in other capacities.
PART IV 
MISCELLANEOUS 
16. Temporary discharge of duties of District Judge.
17. District Judge to control civil courts of district.
18. Investiture of District or Subordinate Judge or Munsiff with small cause  
    jurisdiction.
19. Adjournment of civil court.
20. Duties of ministerial officers.
20A. Maintenance of forms, books and registers by civil courts.
20B. Constitution and functions of Committees.
THE KERALA CIVIL COURTS ACT, 1957  
20C. Rules to be laid before the Legislative Assembly.
21. Amendment of Acts XI of 1089 and XV of 1950.
22. Repeal and savings.THE KERALA CIVIL COURTS ACT, 1957  
THE KERALA CIVIL COURTS ACT, 1957*  
(Act 1 of 1957)
1[xxxxx]
An Act to consolidate and amend the law relating to civil courts in the State of Kerala,
subordinate to the High Court of Kerala.
2[xxxxx]
3[Preamble.-WHEREAS, it is expedient to consolidate and amend the laws relating to
civil courts in the State of Kerala, subordinate to the High Court of Kerala;
BE it enacted as follows:—] 
PART I 
PRELIMINARY 
1. Short title, extent and commencement. —(1) This Act may be called the Kerala Civil
Courts Act, 1957.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in
the Gazette, appoint.
PART II 
ESTABLISHMENT AND CONSTITUTION OF SUBORDINATE CIVIL
COURTS 
2. Classes of subordinate civil courts. —In addition to the courts established under any
other law for the time being in force, there shall be the following classes of civil courts in the
State, namely:—
(i) the court of a District Judge (hereinafter referred to as the District Court);
(ii) the court of a Subordinate Judge (hereinafter referred to as the Subordinate
Judge’s Court);
(iii) the court of a Munsiff (hereinafter referred to as the Munsiff’s Court).
* Received the assent of the President on the 10th day of January, 1957 and published in the Kerala Gazette 
Extraordinary No. 4 dated 12th January, 1957.
1. Omitted by Act 23 of 1958.
2. Omitted by Act 23 of 1958.
3. Inserted by Act 23 of 1958.
5
3. Establishment of District Court. —(1) For the purposes of this Act, the Government
may, by notification in the Gazette, divide the State into civil districts (hereinafter referred to
as districts) and alter the limits or the number of such districts.
  (2) The Government shall establish a District Court for each district and a Judge
(hereinafter called the District Judge) shall be appointed to such court.
4. Appointment of Additional District Judges. —(1) When the state of business pending
before a District Court so requires, one or more Additional District Judges may be appointed
to that court for such period as is deemed necessary.
(2) An Additional District Judge shall discharge all or any of the functions of the
District Judge under this Act in respect of all matters which the District Judge may assign to
him, or which under the  provisions of section 7 may be  instituted before him, and in the
discharge of those functions he shall exercise the same powers as the District Judge.
5.  Establishment  of  Subordinate  Judge’ s  Courts  and  Munsiff’ s  Courts.—(1)  The
Government may, in consultation with the High Court, establish in each district such number
of Subordinate Judge’s Courts and Munsiff’s Courts as they deem necessary.
(2) The Government may, in consultation with the High Court, fix, and from time to
time vary, by notification in the Gazette, the number of Subordinate Judges to be appointed
for a subordinate Judge’s Court or the number of Munsiffs to be appointed for a Munsiff’s
Court.
6. Principal and Additional Subordinate Judge and Munsiff. —(1) When more than one
Subordinate Judge is appointed to a Subordinate Judge’s Court, or more than one Munsiff is
appointed to a Munsiff’s Court, one of the Subordinate Judges or Munsiffs shall be appointed
the  Principal  Subordinate  Judge  or  the  Principal  Munsiff  and  the  others  Additional
Subordinate Judges or Additional Munsiff’s, as the case may be.
(2) Each of the Judges or Munsiffs appointed to a Subordinate Judge’s Court or a
Munsiff’s Court 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.
(3) Subject to the general  or special  orders of the  District Judge,  the  Principal
Subordinate Judge or the Principal Munsiff may from time to time make such arrangements
as he thinks fit for the distribution of the business of the court among the various Judges or
Munsiffs thereof.
7. Court’ s location.—1[(1) The place or places at which any court referred to in section
2 shall be held, may be fixed, and may from time to time, be altered by the Government in
consultation with the High Court.]
(2) The High Court may, with the approval of the Government, direct by notification
in the Gazette that all or any class of proceedings arising in a specified local area in a district
which  would  ordinarily  be  instituted  in  the  District  Court,  may  be  instituted  before  an
Additional District Judge of that court sitting in a place other than the place where the
District Judge sits.
1. Substituted by Act 12 of 1959 (w.e.f. 26.3.1959).
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8.  Seal  of  Court.—Every  court  under  this  Act  shall  use  a  seal  of  such  form  and
dimensions as are for the time being prescribed by the Government.
PART III
JURISDICTION
9. Local limits of jurisdiction of Subordinate Judge’ s Courts.—The Government shall
fix, and may from time to time vary, the local limits of the jurisdiction of any Subordinate
Judge’s Court in consultation with the High Court.
1[10. Local Limits of jurisdiction of Munsiff’ s Courts.—The Government shall fix and
may, from time to time, vary, the local limits of the jurisdiction of any Munsiff’s Court in
consultation with the High Court] 
11. Jurisdiction of District Court and Subordinate Judge’ s Court in original suits.—(1)
The Jurisdiction of a District Court or a Subordinate Judge’s court extends, subject to the
provisions  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  to  all  original  suits  and
proceeding of a civil nature.
(2) The jurisdiction of a Munsiff’s Court extends to all like suits and proceedings not
otherwise exempted from its cognisance of which the amount or value of the subject-matter
does not exceed 2[ten lakh rupees].
12. Appeals from decrees and orders of District Court or Subordinate Judge’ s Court.—
Save as provided in section 13, regular and special appeals shall, when such appeals are
allowed by law, lie from the decrees or orders of a District Court or a Subordinate Judge’s
Court to the High Court.
13.  Appellate jurisdiction of District Court and Subordinate Judge’ s Court. —3[(1)]
Appeals from the decrees and orders of a Munsiff’s Court and where the amount or value of
the subject-matter of the suit does not exceed 4[twenty lakh rupees] from the original decrees
and orders of a Subordinate Judge’s Court shall, when such appeals are allowed by law, lie to
the District Court :
5[Provided that whenever a Subordinate Judge’s Court is established in any district at a
place other than the place where the District Court is stationed, appeals from the decrees or
orders of the Munsiff’s Courts within the local limits of the jurisdiction of such Subordinate
Judge’s Court may be preferred in such Subordinate Judge’s Court:] 
Provided further that the district court may remove to itself from time to time appeals
so preferred and dispose of them itself or may, subject to the orders of the High Court, refer
1. Substituted by Act 12 of 1959 (w.e.f. 26.3.1959).
2. Substituted by Act 26 of 2013 (w.e.f. 6.5.2013).
3. Renumbered by Act 12 of 1959 (w.e.f. 26.3.1959).
4. Substituted by Act 26 of 2013 (w.e.f. 6.5.2013).
5. Substituted by Act 22 of 1973 (w.e.f. 15.2.1957).
7
any appeals from the decrees and orders of Munsiff’s Courts preferred in the District Court to
any Subordinate Judge’s Court within the District. 
1[(2) The provisions of sub-section (1) shall apply to original decrees and orders of a
Subordinate  Judge’s  Court  passed  after  the  commencement  of  the  Kerala  Civil  Courts
(Amendment) Act, 1959, notwithstanding the fact that the suits in respect of which such
decrees and orders have been passed were instituted before such commencement.] 
14. Power to require witness or partly to make oath or affirmation.—Every court under
this Act may require a witness or party to any suit or other proceeding pending in such court
to make such oath or affirmation as is prescribed by the law for the time being in force.
15. 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, Subordinate Judge or Munsiff
shall try any suit, proceeding or other case to which he is a party or in which he is personally
interested.
(2) No District Judge or Subordinate Judge shall hear any appeal against a decree or
order passed by himself.
(3) When any such suit, proceeding, case or appeal as is referred to in sub-section
(1) or sub-section (2) comes before any such officer, he shall transmit forthwith the record of
such  suit,  proceeding, case or appeal, as the  case  may  be, to the court to which  he  is
immediately subordinate with the report of the circumstances attending the reference.
(4) The superior court may transfer the suit, proceeding, case or appeal either to
itself or to any court under its administrative control competent to decide it.
PART IV 
MISCELLANEOUS 
16. Temporary discharge of duties of District Judge. —In the event of the death of the
District Judge or of his being incapacitated by illness or otherwise for the performance of his
duties, or of his absence from the station in which his court is held, the senior Additional
District  Judge  or  the  Additional  District  Judge  or  the  senior  Subordinate  Judge  or  the
Subordinate Judge, as the case may be, shall, without interruption to his ordinary duties,
assume charge of the District Judge’s office and shall discharge such of the current duties
thereof as are connected with the filing of suits and appeals, the execution of processes and
the like and shall continue in charge of the office until the same is resumed or assumed by an
officer duly appointed thereto.
17. District Judge to control civil courts of district. —Subject to the other provisions of
this Act and to the rules for the time being in force and prescribed by the High Court in this
behalf, the general control over all the civil courts under this Act in any district is vested in
the District Judge.
1. Inserted by Act 12 of 1959 (w.e.f. 26.3.1959).
8
18.  Investiture  of  District  or  Subordinate  Judge  or  Munsiff  with  small  cause
jurisdiction.—The High Court may, by notification in the Gazette, invest within such local
limits as it shall from time to time appoint, any District or Subordinate Judge with the
jurisdiction of a Judge of a Court of Small Causes for the trial of suits cognisable by such
courts up to the amount of 1[one thousand and five hundred rupees], and any Munsiff with the
same jurisdiction up to the amount of 2[one thousand rupees.]
19. Adjournment of civil court. —(1) The High Court may permit the civil courts under
its control to adjourn from time to time for periods not exceeding in the aggregate sixty days
in each year.
3[(2) During the adjournment of a civil court, the High Court shall nominate a District
Judge for each District, who shall have the power to make provisional orders on all urgent
matters and for such purpose, appeals, plaints and petitions and other matters which would
ordinarily be presented to such civil court shall be received in the District Court and any such
order shall, except on matters to be presented in the District Court itself, remain in force until
such matter has been heard and decided by the court having jurisdiction and in the case of
orders passed on matters to be presented in the District Court itself, such order shall be an
order passed by a court having jurisdiction.]
20.  Duties of ministerial officers. —The ministerial officers of a court shall perform
such duties as may from time to time be imposed upon them by the presiding officer of the
court.
4[20A. Maintenance of forms, books and registers by civil courts. —(1) The High Court
may, in consultation with the Government, direct that the civil courts subordinate to it shall
maintain such forms, books and registers as may be specified by it in the interests of the
public. The High Court may make rules specifying the particulars which such forms, books
and registers shall contain. 
(2)  The  Government  may,  for  discharging  their  functions  and  responsibilities,
require through the High court, the civil courts subordinate to the High Court to furnish to the
Government such particulars and information relating to the working of Courts and other
matters as they may call for from them from time to time.
20B. Constitution and functions of Committees. —(1) The High Court may, constitute a
committee for each civil court subordinate to it or for two or more of such courts. 
(2) The functions of the Committee may include, among other things,—
(i) the dissemination by means of publicity, advice and instruction of legal 
     knowledge to the general public;
(ii) the making of recommendations to the High Court or to the Government, 
      regarding the improvements to be made to court buildings, amenities to be 
1. Substituted by Act 33 of 1986 (w.e.f. 30.11.1986).
2. Substituted by Act 33 of 1986 (w.e.f. 30.11.1986).
3. Substituted by Act 33 of 1986 (w.e.f. 30.11.1986).
4. Inserted by Act 12 of 1959 (w.e.f. 26.3.1959).
9
       provided for the litigant public and lawyers and other matters of a 
       similar nature;
(iii) the bringing to the notice of the High Court the activities of the staff of the
      court in the discharge of their duties with a view to stamp out corruption 
     and reporting to the Government specific cases of corruption, if any, for 
       appropriate action; and
(iv) the provision of facilities for the closer association between the members 
       of the Bar and the Bench in considering matters of common concern.
(3) The Committee shall discharge such other functions as are assigned to it from
time to time by the High Court.
(4) The rules regulating the constitution of Committees shall be such as may be
prescribed by the Government in consultation with the High Court.]
1[20C. Rules to be laid before the Legislative Assembly. —Every rule made under this
Act shall  be laid, as soon as may be after it is made, before the Legislative Assembly while it
is in session for a total period of fourteen days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is so laid or the
session immediately following, the Legislative Assembly makes any modification in the rule
or decides that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under that
rule.]
21. Amendment of Acts XI of 1089 and XV of 1950 .—(1) In the Land Acquisition Act,
(XI of 1089)—
(a) for the words “District Court” wherever they occur, the word “court” shall be
substituted; 
(b) in section 3, after clause (c-1), the following clause shall be inserted, namely:-
‘(c-2) The expression “court” means the District Court unless the Government 
have appointed (as they are hereby empowered to do) a special judicial officer 
within any specified local limits to perform the functions of the court under 
this Act;’. 
(2) In the Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of
1950), sub-section (2) of section 55 and sub-section (2) of section 124 shall be omitted; and
sub-section (1) of section 55 and sub-section (1) of section 124 shall be renumbered as
section 55 and section 124 respectively.
22. Repeal and savings. —(1) The Madras Civil Courts Act, 1873 (Madras Act III of
1873), as in force in the Malabar district referred to in sub-section (2) of section 5 of the State
Reorganisation Act, 1956 (37 of 1956), and the Travancore-Cochin Civil Courts Act, 1951
(XXII of 1951), are hereby repealed.
1. Inserted by Act 7 of 1990 (w.e.f. 1.3.1990 )
10
(2)  Notwithstanding  anything  contained  in  sub-section  (1),  all  courts  constituted,
appointments made, limits fixed and jurisdiction and powers conferred under any Act hereby
repealed shall, so far as may be consistent with this Act, be deemed to have been constituted,
made, fixed and conferred under this Act.
1(3)[xxxxx] 
____
1. Repealed by Act 8 of 1957.

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