LexThe Maharashtra Civil Courts Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1869 : Act XIV] 1
THE MAHARASHTRA CIVIL COURTS ACT
[Text as on 31st May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
PART I
PRELIMINARY
1. Short title and extent.
2. [Repealed].
PART II
DISTRICTS AND SADR STATIONS
3. Alteration and creation of districts.
4. Position of sadr station.
PART III
DISTRICT COURTS
5. District Judges.
6. Situation of District Court.
7. Original Jurisdiction of District Court.
8. Appellate Jurisdiction of District Court.
9. Control and Inspection of Courts.
10. Writs and Orders.
Reports and Returns.
11. Seal of District Judge.
PART IV
JOINT DISTRICT JUDGES
12. Power to appoint Joint District Judges.
12A. Power to appoint District Judge or Additional District Judge in one district to be Joint
District Judge in another district.
13. Enactments applied to Joint District Judge, Joint District Judge's seal.
2 The Maharashtra Civil Courts Act [1869 : Act XIV
PART V
ADDITIONAL DISTRICT JUDGES
14. Power to appoint Additional District Judges.
15. Situation of Additional District Judge's Court.
16. Original Jurisdiction of Additional District Judge.
17. Appellate Jurisdiction of Additional District Judge.
18. [Deleted].
19. Power to invest Additional District Judge with powers of District Judge.
20. Additional District Judge to use seal of District Judge.
PART VI
CIVIL JUDGES
21. Number of Subordinate Civil Courts.
22. Appointment of Civil Judges.
22A. Power to fix local limits of jurisdiction of Civil Judges.
23. Situation of Subordinate Courts.
Appointment of Joint Civil Judges.
Provisions applicable to Joint Civil Judges.
24. Classes of Civil Judges.
Jurisdiction of Civil Judge (Senior Division).
Jurisdiction of Civil Judge (Junior Division).
25. Special jurisdiction of Civil Judge (Senior Division).
26. Appeals from his decision.
27. Appellate jurisdiction of Civil Judge (Senior Division) or Judge of Court of Small Causes.
28. Power to invest Civil Judges with small cause powers.
28A. Power to invest Civil Judges with jurisdiction under certain Acts.
28B. Transfer of pending suits and appeals.
28C. Transfer of pending appeals.
29. Seal of Civil Judge.
30. [Repealed].
1869 : Act XIV] The Maharashtra Civil Courts Act 3
31. [Repealed].
32. Government Suits.
REMOVAL OR SUSPENSION
33. [REPEALED].
34. [REPEALED].
PART VII
TEMPORARY VACANCIES
35. Temporary vacancy in office of District Judge.
36. Delegation of powers of District Judge.
37. Temporary vacancy of office of Subordinate Judge.
PART VIII
MINISTERIAL OFFICERS
38. [Repealed].
39. Duties of ministerial officers.
40. Power to appoint clerks of the Courts.
40A. [Repealed].
PART IX
MISCELLANEOUS
41. Rules for keeping proceedings.
41A. Licensed petition writers.
42. Fees for process.
43. Sittings of Courts.
Vacation.
THE SCHEDULE [Repealed].
4 The Maharashtra Civil Courts Act [1869 : Act XIV
1869 : Act XIV] The Maharashtra Civil Courts Act 5
LIST OF AMENDMENT ACTS
1. Repealed in part, by Act 14 of 1870 ;
2. Repealed in part, by Act 12 of 1876 ;
3. Repealed in part, by Act 7 of 1889 ;
4. Repealed in part, by Act 8 of 1890 ;
5. Repealed in part, by Act 12 of 1891 ;
6. Repealed in part, by Bom. 1 of 1910 ;
7. Amended by Act 10 of 1876 ;
8. Amended by Act 9 of 1880 ;
9. Amended by Act 15 of 1880 ;
10. Amended by Act 28 of 1930 ;
11. Amended by Bom. 3 of 1895 ;
12. Amended by Bom. 1 of 1900 ;
13. Amended by Bom. 5 of 1912 ;
14. Amended by Bom. 5 of 1914 ;
15. Amended by Bom. 6 of 1926 ;
16. Amended by Bom. 9 of 1927 ;
17. Amended by Bom. 7 of 1930 ;
18. Adapted and modified by the Adaptation of Indian Laws Order in Council ;
19. 1Amended by Bom. 11 of 1942 ;
20. 2Amended by Bom. 20 of 1942 ;
21. 3Amended by Bom. 10 of 1945 ;
22. Adapted and modified by the Indian Independence (Adaptation of Central Acts and
Ordinance) Order, 1948.
23. Amended by Bom. 22 of 1949
24. Amended by Bom. 54 of 19494
25. Adapted and modified by the Adaptation of Laws Order, 1950.
26. Amended by Bom. 36 of 1950
27. Adapted and modified by the Adaptation of Laws (State and Concurrent Subjects) Order,
1956.
1 These Acts were re-enancted by Bom. 48 of 1947.
2 These Acts were re-enancted by Bom. 48 of 1947.
3 These Acts were re-enancted by Bom. 48 of 1947.
4 Section 6 of Bom. 54 of 1949 reads as under :—
“6. Saving.—The amendment made in the said Act by the provisions of sections 2 to 5 (both inclusive) of this Act
shall not have any effect in respect of and apply to,—
(a) any suit or proceeding of a civil na ture, whereon the subject matter exceeds in amount or value five
thousand rupees but not ten thousand rupees, pending in any Court on the date on which this Act comes into force. Any
such suit or proceeding shall be continued and disposed of as if this Act had not been passed ; and
(b) ( i) any appeal which is filed from an original or an appellate decree or order passed in any suit or
proceeding wherein the subject matter is of the amount or value specified in clause (a) and which is pending in any Court
on the date on which this Act comes into force ;
(ii) any appeal which may hereinafter be filed from such decree or order passed before the date on which this
Act comes into force.
Any such appeal shall be continued or filed and disposed of as if this Act had not been passed.”.
6 The Maharashtra Civil Courts Act [1869 : Act XIV
28. Amended by Bom. 94 of 19581
29. Amended by Mah. 46 of 19772 (1-1-1978)
30. Amended by Mah. 10 of 1983 (1-1-1984)
27. Amended by Mah. 27 of 19843 (28-9-1984)
28. Amended by Mah. 3 of 1999 (13-1-1999)
29. Amended by Mah. 35 of 20014
30. Amended by Mah. 44 of 2011 (16-1-2012)
31. Amended by Mah. 24 of 2012 (22-8-2012)
32. Amended by Mah. 22 of 20155 (1-9-2015)
1 Section 8 of Bom. 94 of 1958 reads as under :—
“ 8. Repeal and saving. — On the extension of the principal Act to that part of the State to whi ch it did not extend
before the commencement of this Act,—
(i) the Central Provinces and Berar Courts Act, 1917 (C. P. & Berar Act I of 1917),
(ii) the Hyderabad Civil Courts Act, 1954 (Hyd. Act XXX-VI of 1954),
(iii) the Saurashtra District and Civil Courts Ordinance, 1948 (Sau. Ord. XI of 1948), and
(iv) the Kutch (Courts) Order, 1948,
shall stand repealed :
Provided that, such repeal shall not affect the previous operation of the Acts, Ordinance or Order so repealed and
anything done or any action taken (including the district formed, limit defined, courts established or constituted,
appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdiction defined or
vested, notifications or notices issued and proceedings instituted) by or under the provisions thereof shall in so far as it is
not inconsistent with the provisions of the principal Act, be deem ed to have been done or taken under the corresponding
provisions of the principal Act and shall continue in force unless and until superseded by anything done or any actions
taken under the principal Act :
Provided further that, all proceeding s pending before any Court or authority shall stand transferred to the
corresponding Court or authority under the principal Act, and if no corresponding Court or authority exists or if there be
a doubt as to the corresponding Court or authority, to such Co urt or authority as the High Court may designate, and shall
be continued before and disposed of by such Court or authority.”.
2 Section 19 of Mah. 46 of 1977 reads as follow :—
“19. Savings.— The amendment made by this Act in any of the Acts aforesaid shall not have any effect in respect
of and apply to any suits, appeals or other proceedings of a civil nature filed and pending before any Court on the date of
commencement of this Act, and such proceedings shall be continued and disposed of by that Court, as if this Act had not
been passed ; and any appeal, revision application or other proceedings of civil nature in respect of any decree or order
passed by any Court before the date of commencem ent of this Act shall be filed before and heard and disposed of by the
Court competent to entertain such proceedings before such commencement, as if this Act had not been passed.”
3 Section 3 of Mah. 27 of 1984 reads as under :—
“3. Effect of amendments made by Mah. X of 1983 on pending proceedings and saving. — (1) The
amendments made by the Bombay Civil Courts (Amendment) Act, 1982 (Mah. X of 1983) which came into force on the
1st January 1984 (hereinafter in this section referred to as “the said date” ) shall not have any effect in respect of, and
apply to, any suits, appeals or other proceedings of a civil nature filed and pending before any Court on the said date and
such suits, appeals or other proceedings shall be continued and dispose d of by that Court as if that Act had not been
passed ; and any appeal, revision application or other proceedings of a civil nature in respect of any decree or order
passed by any Court before the said date shall be filed before and heard and disposed of b y the Court competent to
entertain such proceedings before the said date as if that Act had not been passed.
(2) Any appeal, revision application or other proceeding of a civil nature in respect of any decree or order passed
by any Court before the said date filed in a Court other than the Court competent to entertain such proceedings before the
said date during the period from the said date and the date of commencement of the Bombay Civil Courts (Amendment)
Act, 1984 (Mah. XXVII of 198 4) (both days inclusive) shall be transferred to such Court competent to entertain such
proceedings as aforesaid ; and the proceedings so transferred shall be heard and disposed of by the Court as if the
Bombay Civil Courts (Amendment) Act, 1982 (Mah. X of 1983) had not been passed.”.
4 Section 3 of Mah. 35 of 2001 reads as follows :—
“3. Saving. — The amendments made in the Bombay Civil Courts Act, 1869 (XIV of 1869) , by the provisions of
section 2 of this Act shall not have any effect in res pect of and apply to any suit or proceeding of a civil nature, wherein
the subject matter exceeds in amount or value of three thousand rupees but not twelve thousand rupees in case of Civil
Judge (Senior Division) and wherein the subject matter exceeds in amount of value of one thousand and five hundred
rupees but not six thousand rupees in case of Civil Judge (Junior Division), pending in any Court on the date on which
this Act comes into force. Any such suit or proceeding shall be continued and disposed o f as if this Act, had not been
passed.”
5 This Act came into force vide G.N., L.&J.D., Naccs.2014/C:R-25/D-19, dated the 31 st August 2015, w.e.f. 1st September
2015.
Note:— The date mentioned in the bracket indicates the date of commencement of the Act.
1869 : Act XIV] The Maharashtra Civil Courts Act 7
ACT No. XIV OF 18691
2[THE MAHARASHTRA CIVIL COURTS ACT.]3
(19th March 1869)
An Act to consolidate and amend the law relating to the District and other
subordinate Civil Courts in the Presidency of Bombay.
Preamble.— Whereas it is expedient to consolidate and amend the law relating to the district and
other subordinate Civil Courts in the Presidency of Bombay; It is hereby enacted as follows :—
PART I
PRELIMINARY
4[1. Short title and extent.— (1) This Act may be called 5[ The Maharashtra Civil Courts Act].
(2) It extends to the whole of the 6[State of Maharashtra.].
2. [Repeal of enactments.] Rep. by Act XIV of 1870.
PART II
DISTRICTS AND SADR STATIONS
3. Alteration and creation of districts. — The 7[ 8[State] Government] may from time to time,
by a notification in the 9[Official Gazette], alter 10[the limits of existing zillas] (which shall hereafter be
called districts) and create new districts for the purposes of this Act.
4. Position of sadr station.— The 11[ 12[State] Government] may also from time to time, by
notification in the 13[Official Gazette], alter the position of the sadr station in any district, and fix the
position of the sadr station in any new district.
PART III
DISTRICTS COURTS
5. District Judges.— There shall be in each district a District Court presided over by a Judge to
be called the District Judge 14[* * *].
1 For Statement of Objects and Reasons, see Gazette of India, 1869, p. 100 : and for Proceedings in Council see ibid.,
1869, Supplement, pp. 59, 180, 185, 336, 421 and 464.
2 The Short title of the Act was amended by Mah. 24 of 2012, Sch., entry 3, w.e.f.1-5-1960.
3 This Act was extended to, and shall by virtue of such extension be in force in that part of the State of Bombay to which
immediately before the commencement of Bom. 94 of 1958 it did not extend (vide Bom. 94 of 1958, s. 2).
4 This section was substituted for the original by Bom. 94 of 1958, s. 3.
5 The Short title was amended by Mah. 24 of 2012, Schedule entry No. 3, w.e.f. 1-5-1960.
6 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960, Sch.
7 The words “ Provincial Government” were substituted for the words “Governor of Bombay in Council” by the
Adaptation of Indian Laws Order in Council.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 The words “ Official Gazette” were substituted for the words “ Government Gazette” by the Adaptation of Indian Laws
Order in Council.
10 In this connection, see section 22A, infra.
11 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
12 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 The words “ Official Gazette” were substituted for the words “ Government Gazette” by the Adaptation of Indian Laws
Order in Council.
14 The words “He shall be appointed by the Governor of Bombay in Council, by whose authority only he shall be liable to
be suspended or removed from his appointment” were omitted by the Adaptation of Indian Laws Order in Council.
8 The Maharashtra Civil Courts Act [1869 : Act XIV
1[* * * * * * *]
6. Situation of District Court. — The District Judge shall ordinarily hold the District Court at
the sadr station in his district, but may, with the previous sanction of the High Court, hold it elsewhere
within the district.
7. Original Jurisdiction of District Court.— The District Court shall be the Principal Court of
original civil jurisdiction in the district, within the meaning of the 2[Code of Civil Procedure.]
8. Appellate jurisdiction of District Court. — Except as provided in sections 16,17 and 26 the
District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate
Courts from which an appeal lies under any law for the time being in force.
9. Control and inspection of Courts. — The District Judge shall have general control over all
the Civil Court s and their establishments within the district, and it shall be his duty to inspect, or to
cause one of his assistants to inspect, the proceedings of all the Courts subordinate to him, and to give
such directions with respect to matters not provided for by law as he may think necessary.
The District Judge shall also refer to the High Court all such matters as appear to him to require
that a rule of that Court should be made thereon.
10. Writs and Orders. — The District Judge shall obey all writs, orders o r processes issued to
him by the High Court, and shall make such returns or reports thereto under his signature and the seal
of the Court as the exigencies of the case require.
Reports and Returns. — He shall further furnish such reports and returns and co pies of
proceedings as may be called for by the High Court or the 3[4[State] Government].
11. Seal of District Judge. — The District Judge shall use a circular seal, two inches in
diameter, which shall bear thereon 5[the Asoka Capital Motif], with the following inscription in
English and the principal language of the district :—
“District Court of”
———————
PART IV
6[JOINT DISTRICTS JUDGES]
12. Power to appoint 7[Joint District Judges. ].— The 8[9[State] Government] may 10* * *
appoint in any District a 11[Joint District Judge] who shall be invested with co -extensive powers and a
concurrent jurisdiction with the District Judge, except that he shall not keep a file of civil suits and
shall transact such civil business only as he may receive from the Distric t Judge, or as may have been
referred to the 12[Joint District Judge] by order of the High Court.
1 The words “The present Zilla Judges, shall be the first District Judges, under this Act.” were repealed by the Repealing
Act, 1876 (12 of 1876).
2 Now see the Code of Civil Procedure, 1908 (5 of 1908).
3 The words “Provincial Government” were substituted for the words “ Government of Bombay in Council” by the
Adaptation of Indian Laws Order in Council.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were substituted for the words “the Royal Arms” by Bom. 22 of 1949, s. 3.
6 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
7 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
8 The words “Provincial Government” were substituted for the words “ Government of Bombay in Council” by the
Adaptation of Indian Laws Order in Council.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 The words “with the previous sanction of the Governor -General of India in Council” were repealed by section 3 and the
2nd Schedule of the Bombay Repealing and Amending Act, 1910 (Bom. I of 1910).
11 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
12 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
1869 : Act XIV] The Maharashtra Civil Courts Act 9
1* * *
2[12A. Power to appoint District Judge or 3[Additional District Judge] in one district to be
4[Joint district Judge] in another district.— The 5[State] Government may appoint the District Judge
or the 6[Additional District Judge] in any district to be also a 7[Joint District Judge] in another district.
Such 8[Joint District Judge] may hold his Court and transact civil business at such place or pla ces in
either district as he may deem fit.
13. Enactments applied to 9[Joint District Judges, Joint District Judge’s ] seal.— All
Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to
apply also to the 10[Joint District Judge] and the seal of the 11[Joint District Judge] shall be the same as
is used by the District Judge.
PART V
12[ADDITIONAL DISTRICT JUDGES]
14. Power to appoint 13[Additional District Judges].— The 14[15[State] Government] 16* * *
may appoint one or more 17[Additional District Judges] to the District Judge 18** 19**********.
15. Situation of 20[Additional District Judges] court.— An 21[Additional District Judge] shall
ordinarily hold his Court at the same place as the District Ju dge, but he may hold his Court elsewhere
within the district, whenever the District Judge shall, with the previous sanction of the High Court,
direct him so to do.
16. Original Jurisdiction of 22[Additional District Judges.].— The District Judge may refer to
any 23[Additional District Judge] subordinate to him 24[any original suits and proceedings of a civil
nature], 25[applications or references under special Acts,] and miscellaneous applications 26*.
1 The second clause of section 12 was repealed., (by section 3 and 2 nd Schedule of the Bombay Repealin g and Amending
Act, 1910 (Bom. I of 1910).
2 Section 12A was inserted by s. 2 of the Bombay Civil Courts (Amendment) Act, 1942 (Bom. 11 of 1942), read with s. 3
of Bom. 48 of 1947.
3 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
4 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
7 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
8 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
9 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
10 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
11 These words were substituted for the words “Joint Judge” by Mah. 27 of 1984, s. 2(b).
12 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
13 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
14 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
15 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
16 The words “ under the general control of the Gover nor-General of India in Council” and “ and may suspend or remove
from his appointment any Assistant so appointed” were omitted by the Adaptation of Indian Laws Order in Council.
17 These words were substituted for the word “Assistants” in accordance with provisions of Mah. 27 of 1984, s. 2 (c).
18 The words “ under the general control of the Gover nor-General of India in Council” and “ and may suspend or remove
from his appointment any Assistant so appointed” were omitted by the Adaptation of Indian Laws Order in Council.
19 The words “ The present Assistant Judges shall be the first Assistant Judges under the Act ” were repealed by the
Repealing Act 1876 (12 of 1876).
20 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
21 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
22 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
23 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
24 These words were substituted for the words “original suits of which the subject matter does not amount to forty thousand
rupees” by Mah. 10 of 1983, s. 2(a).
25 These words were inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. I to 1900).
26 The words “not being of the nature of appeals” were deleted by Bom. 94 of 1958, s. 4.
10 The Maharashtra Civil Courts Act [1869 : Act XIV
The 1[Additional District Ju dge] shall have jurisdiction to try such suits and to dispose of such
applications 2[or references].
When the 3[Additional District Judge’s] decrees and orders in such cases are appealable, the
appeal shall lie to the District Judge or to the High Court a ccording as the amount or value of the
subject-matter does not exceed or exceeds 4[one crore rupees].
5[* * * * * *]
6[17. Appellate jurisdiction of 7[Additional District Judge].— An 8[Additional District Judge]
shall have jurisdiction to try such appeals from the decrees and orders of the subordinate Courts as
would lie to the District Judge and as may be referred by him to the 9[Additional District Judge].
Decrees and orders passed under this section by an 10[Additional District Judge] shall have the
same force and shall be subject to the same rules as regards procedure and appeals as decrees and
orders passed by the District Judge].
18. [Continuance of 11[Additional District Judge’s ] appellate jurisdiction .] Deleted by Bom.
XCIV of 1958, s. 6.
19. Power to invest 12[Additional District Judge ] with powers of district Judge. — The
13[ 14[State] Government] may, by notification in the 15[Official Gazette ], invest an 16[Additional
District Judge] with all or any of powers of a District Judge within a particular Part of a district, and
may, by like notification, from time to time determine and alter the limits of such part.
The jurisdiction of an 17[Additional District Judge] so invested shall protanto exclude the
jurisdiction of the District Judge from within the said limits.
Every 18[Additional District Judge] so invested shall ordinarily hold his Court at such place
within the local limits of his jurisdict ion as may be determined by the 19[ 20[State] Government], and
may, with the previous sanction of the High Court hold it at any other place within such limits.
1 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
2 The words “The present Assistant Judges shall be the first Assistant Judges under the Act” were repealed by t he
Repealing Act, 1876 (12 of 1876).
3 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
4 These words were substituted for the words “ten lakh rupees” by Mah. 22 of 2015, s. 2.
5 The words and figures “The Assistant Judge shall, when directed by the District Judge so to do also take evidence on
applications for certificates under Bombay Regulation 8 of 1827 (to provide for the formal recognition of heirs, executors
and administrators and for the appointment of administrators and managers of property by the Courts), Act No. XXVII of
1860 (for facilitating the collection of debts on succession and for the security of parties paying debts to the
representatives of deceased persons), were repealed by the Successi on Certificate Act, 1889 (7 of 1889), and the words
and figures and Act No. XX of 1864 (for making better provisions for the care of the persons and property of minors in
the Presidency of Bombay) and shall forward it with his opinion thereon for the final orders of the District Judge,” were
repealed by the Guardians and Wards Act, 1890 (8 of 1890).
6 This section was substituted for the original by Bom. 94 of 1958, s. 5.
7 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
8 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
9 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
10 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
11 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2 (a).
12 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
13 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
14 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
15 The words “ Official Gazette” were substituted for the words “ Government Gazette” by the Adaptation of Indian Laws
Order in Council.
16 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
17 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
18 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
19 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
20 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1869 : Act XIV] The Maharashtra Civil Courts Act 11
20. 1[Additional District Judge ] to use seal of District Judge. — Every 2[Additional District
Judge] shall use the seal of the District Judge to whom he is 3[Additional District Judge].
PART VI
4[CIVIL JUDGES]
21. Number of subordinate civil court. — There shall be in each district so many Civil Courts
subordinate to the District Court as the 5[ 6[State] Government], 7[* * *] shall from time to time direct :
8[Provided that for special reasons it shall be lawful for the 9[10[State] Government], at any time
to close temporarily any such Subordinate Court].
22. Appointment of 11[Civil Judges ].— The Judges of such Subordinate Courts shall be
appointed by the 12[ 13[State] Government], and shall be called 14[Civil Judges].
15[* * * * *]
16[22A. Power to fix local limits of Jurisdiction of 17[Civil Judges ].— The 18[ 19[State]
Government] may, by notification in the Official Gazette, fix, and, by a like notification, from time to
time, alter the local limits of the ordinary jurisdiction of the 20[Civil Judges].
23. Situation of Subordinate Courts. — The 21[Civil Judges] shall hold their Courts at such
place or places as the 22[ 23[State] Government] may from time to time appoint within the local limits of
their respective jurisdiction :
1 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
2 These words were substituted for the words “Assistant Judge” by Mah. 27 of 1984, s. 2(a).
3 These words were substituted for the word “Assistant” in accordance with provisions of Mah. 27 of 1984, s. 2(c).
4 The heading “Civil Judges” was substituted for the heading “Subordinate Judges” by s. 2 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
5 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 The words “acting under the general control of the Governor -General of India in Council” were omitted by the
Adaptation of Indian Laws Order in Council.
8 This proviso was inserted by section 3 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. I of 1900).
9 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
12 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
15 The words “No person shall be appointed a Subordinate Judge unless he be a subject of Her Majesty or a subject of a
Native Prince or State in India under the suzerainty of Her Majesty, and is also a person who has practised three ye ars as
an advocate of a High Court in India or as a vakil in the High Court of Judicature in Bombay, or who has qualified for
the duties of a subordinate Judge according to such tests as may for the time being be prescribed by such High Court, or
who has taken the degree of Bachelor of Laws in the University of Bombay.
The tests so prescribed by the High Court shall be notified in the “ Government Gazette” were omitted by the Adaptation
of Indian Laws Order in Council.
16 Section 22A was inserted by section 2 of the Bombay Civil Courts Act, 1880 (9 of 1880).
17 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
18 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
19 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
20 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
21 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bom bay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
22 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
23 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 The Maharashtra Civil Courts Act [1869 : Act XIV
1[Provided that for special reasons it shall be lawful for the 2[3[State] Government] to order that a
4[Civil Judge] shall hold his Court at a place outside the local limits of his jurisdiction.]
Wherever more than one such place is appointed, the District Judge shall, subject to the control of
the High Court, fix the days on which the 5[Civil Judge] shall hold his Court at each of such places, and
the 6[Civil Judge] shall cause such days to be duly notified throughout the local limits of his
jurisdiction.
The same person may be the Judge of more than one subordinate Court 7[and may dispose of the
civil business of any one of his Courts at the headquarters of any other of his Court]; and in such cases
the District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time
during which the 8[Civil Judge] shall sit in each Court.
Appointment of Joint 9[Civil Judges ].— 10[For the purpose of assisting the Judge of any
subordinate Court in the disposal of t he civil business on his file, 11[the High Court may appoint to
such Court from the members of the Subordinate Civil Judicial Service of the 12[State]] one or more
Joint 13[Civil Judges], or the District Judge may, with the previous sanction of the High Court, depute
to such Court the Judge of another subordinat e Court within the district. A 14[Civil J udge] thus
appointed or deputed to assist in the Court of another 15[Civil Judge] shall dispose of such civil
business within the limits of his pecuniary jurisdiction as may, subject to the control of the District
Judge, be referred to him by Judge of such Court. 16[He may also dispose of the Civil business of his
Court at the place of his deputation subject to the general or special orders of the High Court in this
behalf.]
Provisions applicable to Joint 17[Civil Judges].— For the purpose of this section the provisions
of the Act applicable to 18[Civil Judges] shall be and shall be deemed always to have been applicable to
Joint 19[Civil Judges] :
1 This proviso was inserted by section 4 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. 1 of 1900).
2 The words “Provincial Government” were substituted for the words “Governor of Bombay in Council” by the Adaptation
of Indian Laws Order in Council.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 The words “ Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
5 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
6 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
7 The words “and may dispose of the Civil business of any one of his Court at the headquarters of any other of his Courts”
were inserted by section 2(1) of Bom. 7 of 1930.
8 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
9 The words “Civil Judges” were substituted for the words “ Subordinate Judges ” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
10 These two paragraphs were substituted for the original last paragraph of section 23 by Bom. 1 of 1900, s. 4.
The original paragraph was as follows :—
“The Judge of any subordinate Court may, with the previous sanction of the High Court, be deputed by the District
Judge to the Court of another Subordinate Judge for the purpose of assisting him in the disposal of the suits on his file.”.
11 The words “the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the
Province” were substituted for the words “the Governor of Bombay in Council may appoint to such Court ” by the
Adaptation of Indian Laws Order in Council.
12 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 The words “Civil Judges ” were substituted for the words “Subordinate Judges ” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
14 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
15 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
16 This sentence was added by section 2(2) of Bom. 7 of 1930.
17 The words “Civil Judges ” were substituted for the words “Subordinate Judges ” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
18 The words “Civil Judges ” were substituted for the words “Subordinate Judges ” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
19 The words “Civil Judges ” were substituted for the words “Subordinate Judges ” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
1869 : Act XIV] The Maharashtra Civil Courts Act 13
Provided that no such Joint 1[Civil Judge] shall hear and determine any suit instituted under
section 4 of the ‘Dekkhan Agriculturists’ Relief Act, 1879, unless the value of the said suit falls within
the limits of the pecuniary jurisdiction conferred on him by that Act.]
24. Classes of 2[Civil Judges].— The 3[Civil Judges] shall be of two classes.
Jurisdiction of 4[Civil Judge (Senior Division )].— The jurisdiction of a 5[Civil Judge (Senior
Division)] extends to all original suits and proceedings of a civil nature.
Jurisdiction of 6[Civil Judge (Junior Division)].— The jurisdiction of a 7[Civil Judge (Junior
Division)] extends to all original suits and proceedings of a civil nature where in the subject matter
does not exceed its amount or value 8[five lakh rupees]:
9[Provided that the 10[11[State] Government] may increase the limit of 12[five lakh rupees to seven
lakh f ifty thousand rupees] in the case of any 13[Civil Judge (Junior Divisi on)] of not less than ten
years’ standing and specially recommended in this behalf by the High Court. A 14[Civil Judge] so
empowered shall continue to exercise this power so long and as of ten as he may fill the office of a
15[Civil Judge (Junior Division)], without reference to the District in which he may be employed,
unless the powers are withdrawn by 16[the 17[State] Government]].
25. Special Jurisdiction of 18[Civil Judge (Senior Divisions)].— A 19[Civil Judge (Senior
Division)] in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such
suits and proceedings of a civil nature, 20[* * * ]as may arise within the local jurisdiction of the Courts
in the district presided over by 21[Civil Judge (Junior Division)] 22[and wherein the subject -matter
exceeds the pecuniary jurisdiction of the 23[Civil Judge (Junior Division)] as defined by section 24.]
1 The words “ Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
2 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s . 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
3 The words “Civil Judges” were substituted for the words “Subordinate Judges” by s. 3 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
4 The words “Civil Judge (Senior Division)” were substituted for the words “Subordinate Judge of the First Class” by s. 5
of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
5 The words “Civil Judge (Senior Division)” were substituted for the words “Subordinate Judge of the First Class” by s. 5
of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
6 The words “Civil Judge (Junior Division)” were substituted for the words “Subordinate Judge of the Second Class” by s.
6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
7 The words “Civil Judge (Junior Division)” were substitu ted for the words “Subordinate Judge of the Second Class” by s.
6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
8 These words were substituted for the words “one lakh rupees” by Mah. 44 of 2011, s. 3(a).
9 The proviso was added by section 3 of Bom. 7 of 1930.
10 The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Indian
Laws Order in Council.
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 These words were substituted for the words “one lakh rupees to one lakh fifty thousand rupees” by Mah. 44 of 2011, s.
3(b).
13 The words “Civil Judge (Junior Division)” were substituted for the words “Subordinate J udge of the Second Class” by s.
6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
14 The words “Civil Judge” were substituted for the words “Subordinate Judge” by s. 4 of the Bombay Civil Courts
(Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
15 The words “Civil Judge (Junior Division)” were substituted for the words “Subordinate Judge of the Second Class” by s.
6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
16 The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws
Order in Council.
17 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
18 The words “Civil Judge (Senior Division)” were substituted for the words “Subordinate Judge of the First Class” by s. 5
of Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
19 The words “Civil Judge (Senior Division)” were substituted for the words “Subordinate Judge of the First Class” by s. 5
of Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
20 The words “wherein the subject -matter exceeds five thousand rupees in amount or value” were omitted by section 4 ( 1)
of Bom. 7 of 1930.
21 The words “CiExcerpt shown. Open the full act in Lexace.