LexThe Madhya Pradesh Civil Courts Act, 1958
Madhya Pradesh · state statute
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THE MADHYA PRADESH CIVIL COURTS ACT, 1958
[ No. XIX of 1958]
[ 17 July, 1958 ]
CONTENTS
Sections.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF CIVIL COURTS
3. Classes of Civil Courts.
4. Civil Districts.
5. Establishment of Civil Courts.
6. Original jurisdiction of Civil Courts.
7. Principal Civil Courts of original j urisdiction .
8. Appointment of additional Judges.
9. Power to invest certain Civil Courts with Small Cause Court j urisdiction .
10. Exercise of jurisdiction of District Court by Civil Judges in certain proceedings .
11. Jurisdiction under the Indian Divorce Act.
12. Place of sitting of Civil Courts
CHAPTER III
APPELLATE JURISDIC11ON
13. Appellate jurisdiction
2
CHAPTER IV
ADMINISTRATIVE CONTROL
14. Superintendence and control over Civil Courts and the Judges in the district.
15. Power to distribute business.
16. Judges not to try cases in which they are personally interested.
CHAPTER V
MISCELLANEOUS PROVISIONS
17. Repealed.
18. Temporary vacancy in the office of the District Judge.
19. Delegation of powers of Principal District Judge.
20. Continuance of powers of officers.
21. Vacations.
22. Seal.
23. Power to make rules.
24. Repeals and savings.
25. Transitional provis ions.
26. Construction of references.
27. Pending suits and proceedings .
27 -A. Removal of difficulty.
28. Amendment of laws relating to Courts of Small Causes .
SCHEDULE.
3
THE MADHYA PRADESH CIVIL COURTS ACT, 1958
[ Act No. XIX of 1958]
[ 17 July, 1958]
AMENDING ACTS:
(i) M. P. Act No. 3 of 1961.
(iii) M. P. Act No. 7 of 1980,
(iv) M. P. Act No. 17 of 1982.
(vi) M. P. Act No. 14 of 1996;
w. e. f . 1 -2 -1 997
(ix) M.P. Act No. 10 of 2021.
( ii) M. P. Act No. 5 of 1979; w.e.f. 26-1-1979
( v) M. P. Act No. 5 of 1994;
(vii) M.P. Act No. 35 of 2011;
(viii) M.P. Act No. 16 of 2014;
(x) M.P. Act No. 24 of 2022;
An Act to consolidate and amend the law relating to Civil Courts in Madhya Pradesh.
Be i t enacted by the Madhya Pradesh Legislature in the Ninth Year of the Republic of India
as follows:—
CHAPTER 1
Preliminary
1. Short title, extent and commencement .—( 1) This Act may be called The Madhya
Pradesh Civil Courts Act, 1958.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date, as the State Government may, by
notification, in the Official Gazette, specify in this behalf.
2. Definitions.- In this Act, unless the context otherwise requires, —
(a) “cadre of Higher Judicial Service’ means the cadre of District Judges and shall
include the Principal District Judge, District Judge (Super Time Scale), District
Judge (Selection Grade) and District Judge (Entry Level);
(b) “cadre of Lower Judicial Service” means the cadre of Civil Judges
consisting of Civil Judge, Senior Division and Civil Judge, Junior Division;
(c) Omitted by M.P. Act No. 14 of 1996 w.e.f 01-02-1997.
(d) “value” with reference to a suit or original proceedings m eans the amount or
value of the subject matter of such suit or original proceedings .
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CHAPTER II
CONSTITUTION OF CIVIL COURTS
3. Classes of Civil Courts. - (1) In addition to the Courts established unde r any
other law for the t ime being in force, there shall be the following clas ses of Courts,
namely: -
(1) The Court of the Principal District Judge;
(2)[xxx]
(3) the Court of the Civil Judge, Sen ior Divis ion; and
(4) the Court of the Civil Judge, Junior Division.
(2) Every Court of the Principal District Judge shall be presided over by a Principal
District Judge to be appointed by the High Court and the High Court may also appoint
District Judges from the cadre of Higher Judicial Service to exercise jurisdiction in the
Court of the Principal District Judge .
(3) An Additional Judge to the Court of Civil Judge may be appointed from the cadre of
Lower Judicial Service.
(4) The Co urt of District Judge shall include the Court of District Judge and the
Court of Civil Judge, Senior Divis ion or Class II shall include the Court of Additional Civil
Judge to that Court.
4. Civil Districts .—( 1) For the purposes of this Act, a revenue district notified by the State
Government shall also be the civil district:
Provided that the State Government may, on the recommendation of the High
Court, alter the limits or number of such civil districts or create new civil districts .
(2) Upon the alteration of the limits or the number of civil districts or creation of
new civil d istricts under sub -section ( 1), the High Court shall make such consequential
orders as it may deem fi t in respect of the transfer of suits, appeals and proceedi ngs from
the Courts of ex is ting districts to other courts acquiring territorial jurisdiction as a result
of such alteration or creation, as also for any other matter ancillary, thereto.
5. Establishment of Civil Courts— The State Government shall establish—
(a) the Court of the Principal District Judge for each Civil Dis trict; and
(b) so many Courts of D is tri ct Judge Civil Judges Class I and Civil Judge, Junior
Division for each civil district, as it may think fit.
5
6. Original Jurisdiction of Civil Courts .—(1) Subject to the provis ions of any
law for the time being in force, —
(a) the Court of the Civil Judge Class II shall have jurisdiction to hear and determine
any suit or original proceeding of a value not exceeding Rs . 5,00, 000;
(b) the Court of the Civil Judge Class I shall have jurisdiction to hear and determine
any suit or original proceeding of a value not exceeding Rs.1,00,00,000 ;
(c) the Court of the Principal District Jud ge [x x x] shall have jurisdiction to hear
and determine any suit or original proceeding without restriction as regards value.
(2) The local limits of the jurisdiction of the Courts specified in clauses (a) and (b)
of sub -section (1) shall be such as the State Government m ay, by notificatio n,
define.
(3) Nothing in clauses (a), ( b) and ( c) of sub-section ( 1) shall affect any suit or
original proceeding instituted before 26th January, 1979.
7. Principal Civil Courts of original jurisdiction.—(1) The Court of the Principal
District Judge shall be the Principal Civil Court of original jurisdiction in the civil district.
(2) District Judge shall discharge any of the functions of a Principal District Judge,
including the functions of Principal Civil Court of original j urisdiction which the Principal
District Judge may, by general or special order, ass ign to him and in the discharge of such
functions he shall exercise the same powers as the Principal District Judge.
8. Appointment of additional Judges.—(1) An Additional Judge or Judges to the
Court of Principal District Judge, District Judge, Civil Judge, Senior Divis ion or Civil
Judge, Junior Division may, whenever i t appears necess ary or expedient, be appointed to
the Court of Principal District Judge or District Judge or Civil Judge Class I or Civil
Judge, Junior Division, as the case may be, and such Additional Judge shall exercise
the jurisdictio n of the Court to which he is appointed and the p owers of the Judge thereof,
subject to any general or special orders of the authority by which he is appointed as to
the Class or Value of the Suit which he may try, hear or determine.
(2) An officer may be appointed an Additional Judge of one or more Courts and an
Officer who is a Judge of one Court may be appointed an Additional Judge of another
Court or of other Courts.
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9. Power to invest certain Civil Courts with Small Cause Court jurisdiction. -(1)
The High Court may, by a notification, invest any civil Court with the powers of a Court of
Small Causes under the law for the time being in force in any area relating to the Court of
Small Causes. Such power shall be exercisable in cases arising within the limits of the Court’s
jurisdiction or in any specified area within such limits .
(2) The value of suits of s mall cause nature shall not exceed one thou s and rupees in
the case of the Court of a District Judge, five hundred rupees in the case of the Court of a
Civil Judge, Senior Division and two hundred rupees in the case of the Court of a Civil Judge,
Junior Divis ion.
10. Exercise of jurisdiction of District Court by Civil Judges in certain
proceedings.— The High Court may, by general or s pecial order, authorise any Civil
Judge, Senior Divis ion to take cognizance of, and any Principal District Judge to transfer to
a Civil Judge, Junior Division under his contr ol, any proceeding or any clas s of
proceedings, specified in such order, aris ing under—
(a) Parts I to V III of the Indian Succes sion Act, 1925 ( No. XXXIX of 1925); or
(b) Part IX of the Indian Succes s ion Act, 1925 ( No. XXXIX of 1925) which
cannot be disposed of by District Delegates ; or
(c) the Guardians and Wards Act, 1890 ( No. V III of 1890); or
(d) the Provincial Insolvency Act, 1920 ( No. V of 1920).
(2) Notwithstanding anything contained in Section 388 of the Indian Succession Act,
1925 (No. XXXIX of 1925), the High Court may, by general or special order, invest any
Judge Inferior in grade to the Principal District Judge w ith power to exercise the fu nctions
of a Principal District Judge under Part X of that Act.
(3) The District Judge may withdraw any such proceeding taken cognizance of by,
or transferred to, a Civil Judge Class I under his control, and may either dispo se i t of
himself or transfer i t to any other competent Court.
(4) Proceedings taken co gnizance of by, or transferred t o, a Civil Judge, Senior
Divis ion under this section shall be disposed of by him, in accordance with the law and
rules applicable to like proceedings in the Court of the Principal District Judge.
11. Jurisdiction under the Indian Divorce Act.—The Court of the Principal
District Judge shall have j urisdictio n to hear and determine any original proceeding under
the Indian Divorce Act, 1869 (No. IV of 1869) and shall be deemed to be the Dis trict Court
7
under that Act for the Civil District.
12. Place of sitting of Civil Courts .—(1) Every Court shall be held at such place
or pla ces as the High Court may, by notification, direct or, in the absence of any such
direction, at any place within the local limits of the jurisdiction of the Court.
(2) Every Ad ditional Judge to a Court established under this Act shall sit at
such place or places within the local limits of the jurisdiction of the Court to which he is an
Additional Judge, as the High Court may direct.
(3) The District Judge and other Judges of the district, may with the previous
sanction of the High Court and after due notice to the parties, sit temporarily for taking
up particular case or class of cases at any other place within the district.
CHAPTER III
APPELLATE JURISDICTION
13. Appellate Jurisdiction. —( 1) Save as otherwise provided by any law for the
time being in force, appeals from decrees or orders of Courts exercis ing original
jurisd iction shall lie as follow s —
(a) from a decree or order of the Court of the ‘ Civil Judge, Junior Divis ion or of
the Civil Judge, Senior Division to the Court of the Principal District Judge ;
(b) from a decree or order of the Court of the Dis trict Judge to the High Court.
Explanation.— The Court of the Civil Judge or the Court of the Principal District Judge
shall include an Additional Judge to that Court.
(2) Notwithstanding the fact that a suit or proceeding was instituted or commenced
prior to 26th January, 1979 and appeal against any decree or order passed in such suit or
proceeding shall lie as provided in sub-section ( 1).
(3) Nothing in this section shall apply to any appeal instituted before 26th January,
1979.
CHAPTER IV
ADMINISTRATIVE CONTROL
14. Superintendence and control over Civil Courts and the Judges in the
8
district— Subject to the general superintendence and control of the High Court, the
Principal D istrict Judge shall superinte nd and control all other Civil Courts established
including all Additional Judges appointed to such Courts under this Act in the local area
within his jurisdiction, and in the discharge of such functions i t shall be his duty to—
(a) inspect or cause to be inspected the proceedings of the Courts, judges and offices under
his control;
(b) give such administrative directions with respect to any matters as he may think fit;
and
(c) call for such reports and returns from the subordinate courts and ‘ Judges in
the district as may be prescribed by the High Court or as he may require fo r
administrative purposes .
15. Power to distribute business.—(1) Not withstanding anything contained in
the Code of Civil Procedure, 1908 (V of 1908), or the law relating to Courts of S mall
Causes, for the time being in force in any area, or in any other provis ions contained in this
Act, the Principal D istrict Judge may, by order in writing, direct that any civil bus iness
cognizable by his Court or by other Civil Courts established under section 5, in his civil
district, shall be distribute amongst himse lf and Additional Judges, if any, of his Court, as
also amongst other Courts under his control and amongst Additional Judges of Such other
Courts ‘inter se’ in such manner as he deems fit:
Provided that, except insofar as i t may affect the exclu sive jurisdiction of a Court of
S mall Causes, or of a Court invested with the j urisdiction of a Court of Small Causes,
a direction given under this section shall not empower any Court to exercise powers or
deal with business beyond the 1 imits of its pecuniary and notified territorial jurisdiction.
(2) Any judi cial act in any suit, appeal or proceeding, instituted in a Court of
competent jurisdiction, shall not be invalid only by reason of the fact that such institution was
not in accordance with the order of distribution of busines s referred to in sub -section ( 1).
(3) Whenever, it appears to any Court, as is r eferred to in sub -section ( 2) that
institution of any suit, appeal or proceeding, pending before it , was not in conformity with
the order of distribution of b usiness made under sub -section (1), it shall submit the
record of such suit, appeal or proceeding, as the case may be, to the District Judge for
appropriate orders, and the Principal D is tri ct Judge in relation thereto may pass orders
either transferring the concerned record to proper Court as p er order of distribution of
business or otherwise to any other Court of competent jurisdiction.
9
(4) In distribution of civil bus iness under sub -section (1), the Principal District Judge
shall be guided by such principles as the High Court may, by rules, prescribe.
16. Judges not to try cases in which they are personally interested.- (1) No
Judge of a Court under this Act shall hear or determine any suit, appeal or other
proceeding to which he is a party or in which he is directly or indirectly interested.
(2) If any such suit, appeal or other proceeding comes before any Civil Court in
the district or before an Ad ditional Judge of such Court, the Judge shall refer the case
alongwith the record thereof and his report regarding the attending circumstances to the
Principal District Judge, who may either dispose of such case himself or subject to the
limits of pecuniary j urisdiction, make it over or transfer it to another Court or Additional
Judge to any of the Courts in the district, as the case may be, for disposal.
(3) If any such suit, appeal or other proceeding comes before the Principal District
Judge himself, he may either make over such case to any Additional Judge of his
Court, or transmit the record alongwith his com ments on the attending circums tance s
to the High Court for appropriate orders.
CHAPTER V
MISCELLANEOUS PROVISIONS
17. Repealed by M.P. Act 5 of 1979.
18. Temporary vacancy in the office of the Principal District Judge.-In the
event of death of a Principal District Judge or his absence from civil district on leave
or in the event of his being prevented from performing his duties by illness or other cause,
senior most judge, according to cadre sen iority as per hierarchy of the cadres, shall assume
charge of the Principal District Court, without interruption to his ordinary duties; and while
so in charge, shall perform the d uties of a Principal Distri ct Judge with respect to the filing
of suits and appeals, receiving pleadings, petitions, execution of proces ses, return of writs
and the like; and shall further have power and j urisdiction to dispose of emergent interlocutory
matters of such nature, as the High Court may by rules prescribe and the Judge so in charge
shall continue in such charge until the office of the Principal District Judge has been
resumed or assumed by an officer duly appo inted thereto.
19. Delegation of powers of Principal District Judge .— Any Principal District
10
Judge leaving the hea dquarters and proceeding on duty to any place within his District,
may delegate to the senior most Additional Judge of his Court at the headquarter or where
there is no Additional Judge, to a Civil Judge at the headquarters, the powers of performing
such duties as may be emergent and of disposing of any emergent matters as may be
specified under Section 18 and such Judge shall be deemed to be a j udge in charge of the
Court of the Principal District Judge.
20. Continuance of powers of officers .— Where any person holding an office in
the service of the State Government who has been invested with any powers under this
Act throughout any local area is transferred or posted to an equal or higher office
of the same nature within a like local area, he shall, unless the High Court
otherwise directs or has otherwise directed, exercise the same powers in the local area
to which he is so transferred or posted.
21. Vacations.—(1) Subject to the approval of the State Governme nt, the High
Court shall prepare a list of days to be observed in each year as holidays in the Civil
Courts subordinate thereto.
(2) The list shall be published in the Official Gazette.
(3) A judicial act done by a Court on a day specified in a 1 ist published under sub -
section (2) shall not be invalid by reason only of i ts having been done on that day.
(4) The Principal D istrict Judge may make such arrangements, as he may deem fit,
for disposal of urgent civil matters during such vacation.
22. Seal.— Every Civil Court shall use a sea l of such form and dimens ions
as the State Government may prescribe on all proces ses and orders issued, and on all
decrees passed, by i t .
23. Power to make rules .—(1) The High Court may, from time to time, make
rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters-
(a) supervision and inspection of all Courts subordinate to i t ;
(b) fees to be charged for processes issued by Civil Courts, or by any officer of
11
any such Court and the fee payable in any suit or proceeding in any such Court
by any party to such suit or proceeding in respect of the fees of the pleader of
any other party to such suit or proceeding;
(c) the manner in which proceedings of Civil Courts shall be kept and recorded,
the manner in which paper books for the hearing of appeals may be prepared
and the grant of copies;
(d) matters relating to officers of Courts;
(e) persons who shall be permitted to act as petition writers in the Courts subordinate
thereto, grant of licences to such persons, conduct of business by them and
the scale of fees to be charged by them, the authority by which breaches of
rules shall be investigated and the penalties which may be imposed on them;
(j) prescribing the principles for guidance of a D is tri ct Judge for distribution of
civil busine ss amongst Courts in his civil district;
(g) emergent matters which a Judge incharge of District Court under Section
18 shall have a power and jurisdiction to dispose of.
24. Repeals and savings. — The Central Provinces and Berar Courts Act, 1917 (
No. I of 1917), the Madhya Bharat Civil Courts Act, Samvat, 2009 ( No. 43 of 194 8),
the Bhopal and Vindhya Pradesh (Courts) Act, 1950 ( No. XLI of 1950) an d the Rajasthan
Civil Courts Ordinance, 1950 ( No. VII of 195 0), in so far as i t is applicable to Sironj
region, are hereby repealed:
Provided that the repeal of the enactments aforesaid shall not affect—
(a) the previous operation thereof; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed; or
(c) any investigation, legal proceeding or , remedy in respect of any such
punishment; and any such investigation, legal proceeding or remedy may
be instituted, continued, or enforced, and any such penalty, forfeiture or
punishment may be imposed as if this Act had not been passed:
Provided further that all appointments, rules and orders made,
jurisdiction and powers conferred under any of the repealed enactments or
purporting expressly or implied to have been so made or conferred, shall be deemed
to have been respectively made and conferred under the corresponding provisions
of this Act.
12
25. Transitional provisions.- As from the date of the commencement of this Act,-
(1) all existing Courts of District Judges and Additional District Judges shall
respectively be deemed to be the Courts of D is tri ct Judges and Additional D is tri
ct Judges established under this Act;
(2) all existing Courts of Munsiff s in the Vindhya Pradesh, Bhopal and Sironj
regions and of Civil Judges of the Se cond Class in the Madhya Bharat region
shall be deemed to be the Courts of Civil Judge Class II established under this Act;
(3) all existing Courts of Civil Judges of the First Class in the Madhya Bharat
and Sironj regions and of Subordinate Jud ges in the Bhopal region shall be
deemed to be the Courts of Civil Judges Class I established under this Act;
(4) all existing Court s of Civil Judges in the Mahakos hal region shall be deemed
to be the Courts of Civil Judge Class II establis hed under this Act except
such of these Courts as may be specified by the State Government by a
notification to be the Courts of Civil Judges Class I.
Explanation— In this section “existing Court’ means a Court established under
any of the enactments repealed by Section 24 and functioning immediately before the
commencement of this Act.
26. Construction of references .— In every enactment pas sed before the
commencement of this Act—
(i) any reference to a “Subordinate Judge” shall be deemed to be a reference to
the Court of the Civil Judge Class I and any reference to a Munsiff shall be deemed
to be a reference to the Court of the Civil Judge Class II established or deemed to
be established under this Act; and
(ii) any reference to a Civil Ju dge where no clas s is specified sh all in relation to the
Mahakoshal region be deemed to be a reference to the Court of Civil Judge C lass
II established or deemed to be established under this Act.
27. Pending suits and proceedings .— Every suit or other proceeding pending
before any of the existing Courts immediately before the commencement of this Act shall
on such commencements stand trans ferred to the Court having j urisdiction under the
provisions of this Act and if there are mo re than one Court hav ing such j urisdiction, to the
13
Court which the Principal District Judge may specify in that behalf in accordance with the
provisions of this Act, and the Court to which the proceedings so stand transferred shall
proceed to try, hear and determine the matter as if it had been pending in that Court.
27-A. Rem oval of difficulty .—If any difficulty arises in giving effect to the
provis ions of th e Madhya Pradesh Civil Courts ( Amendment) Act, 1982, the High Court
may, from time to time, issue such orders and directions not inconsistent with the
provisions of the aforesaid Amendment Act, or transfer such cases from one Court to the
other as it may deem fit.
28. Amendment of laws relating to Courts of Small Causes. — The Acts and
Ordinance specified in column ( 1) of the Schedule shall be amended in the manner and to
the extent specified in column (2) thereof.
SCHEDULE
( See Section 28)
Name of the Act or Ordinance Amendment
( 1) ( 2)
Provincial S mall Cause Courts Act,
1887( IX OF 1887)
In sub-section ( 3) of Section 15, the Words
State Government” the words ‘High
Court” shall be substituted.
The Madhya Bharat S mall Cause
Courts Act, Samvat 2006 ( 46 of 1949)
After sub-section (2) of section 12.
The following sub-section shall be
added, namely: -
“(3) Subj ect: to as af oresaid, the High
Court may, by order in writing, direct that
all suits of a civil nature of which the
value does not exceed one thous and
rupees shall be cognizable by a Court of
small Causes mentioned in the order”
The Raj as than s mall Cause
ordinance, 1950 ( VII OF 1950)
Courts In sub-section (3) of section 13, for
the Word ‘Government”, the words ‘High
Court” shall be substituted