LexThe Bombay City Civil Court Act, 1948.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1948 : Bom. XL] 1
THE BOMBAY CITY CIVIL COURT ACT, 1948
[Text as on 30th April 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Constitution of City Court.
4. [Deleted.]
4A. Transfer of suits and proceedings cognizable under section 3, to City Court.
4B. Power to make rules.
5. Subordination to and superintendence by High Court.
6. Appointment of Judges.
7. Powers of Judges when City Court consists of more than one Judge.
8. Registrars.
9. Questions arising in suits, etc., under Act to be dealt with according to law administered by
High Court.
10. Fees for process.
11. [Deleted.]
12. High Court jurisdiction barred except in certain cases.
13. [Deleted.]
14. Allowance for fees paid in City Court in cases removed to High Court.
15. Appeals and limitation.
16. Seal of City Court.
17. Holidays and vacations.
18. Transfer of suits pending in High Court.
2 The Bombay City Civil Court Act, 1948 [1948 : Bom. XL
1948 : Bom. XL] The Bombay City Civil Court Act, 1948 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 26 of 1950
2. Adapted and modified by the Adaptation of Laws Order, 1950.
3. Amended by Bom. 9 of 1951
4. Amended by Bom. 32 of 1954
5. Amended by Mah. 15 of 1968
6. Amended by Mah. 29 of 1968
7. Amended by Mah. 46 of l977 (1-1-1978)1
8. Amended by Mah. 15 of 1979 (1-7-1979)
9. Amended by Mah. 15 of 19872 (1-5-1992)
10. Amended by Mah. 25 of 2012 (1-9-2012) (1-10-2012)3,4
11. Amended by Mah. 46 of 20235 (16-1-2024)6
1 Section 19 of Mah. 46 of 1977 reads as follows :—
“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 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 a ci vil nature in respect of any decree or order
passed by any Court before the date of commencement 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.”.
2 This Act came into force vide G.N., L. and J.D., No. CCS. 2990/62 (12)/X, dated the 20th August 1991.
3 Sections 1, 2, 3, 5, 6 and 7 came into force on 1 st September 2012 and section 4 came into force on 1st October 2012 vide
G.N., L. and J.D., No. CCS. 2991/C.R.-58/D.-19, dated 28th August 2012.
4 Section 6 of Mah. 25 of 2012 reads as under :—
“6. Transitory provisions. — After the date of coming into force of section 4 of the Bombay City Civil Court
(Amendment) Act, 201 2 (Mah. XXV of 2012) , in all the suits and proceedings which are liable to be transferred to the
City Court under sub -section (1) of section 4A, in order to obviate the need for service of fresh notice upon the parties,
the High Court shall list the matters on its Boards and notify the date on which the concerned matter shall be listed before
the City Court. ”.
5 Section 4 of Mah. XLVI of 2023 reads as under :-
“4. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of the Bombay City Civil
Court Act, 1948 (Bom. XL of 1948) , as amended by this Act, the State G overnment may, as occasion ari ses, by an order
published in the Official Gazette, do anything, not inconsistent with the provisions of the Bom bay City Civil Court, Act,
1948 (Bom. XL of 1948), as amended by this Act, which appears to it to be necessary or expedient for the purpose of
removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the d ate of commencement of
this Act.
(2) Every order made under sub -section (1) shall be laid, as soon as may be, after it is made, before each House of the
State Legislature.”.
6 This indicates the date of commencement of the Act vide the Law and Judiciary Department, Notification No. CCS -
2923/CR/D-19 dated 16th January 2024.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Bombay City Civil Court Act, 1948 [1948 : Bom. XL
1948 : Bom. XL] The Bombay City Civil Court Act, 1948 5
BOMBAY ACT No. XL OF 19481
[THE BOMBAY CITY CIVIL COURT ACT, 1948.]
[This Act received the assent of the Governor on the 3rd May 1948; assent was
first published in the Bombay Government Gazette, Part IV, on the 10th May 1948.]
An Act to establish an additional Civil Court for Greater Bombay.
WHEREAS, it is expedient to establish an additional Civ il Court for the Greater Bombay; It is
hereby enacted as follows :—
1. Short title and commencement.— (1) This Act may be called the Bom bay City Civil Court
Act, 1948.
(2) It shall come into force on such 2date as the 3[State] Government may by notification in the
Official Gazette, appoint in this behalf.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(1) “City Court” means the court established under section 3;
(2) “High Court” means the High Court of Judicature at Bombay;
(3) “institution fee ” means the court fee payable in respect of the plaint or application by
which the court fee payable in respect of the plaint or application by which a suit or proceeding is
instituted;
4[(3A) “intellectual property matters” means the suits and civil proceedings relating to trade
marks, copyright, patents, designs and geographical indications, plant varieties and the rights of
farmers and plant breeders and Lay-out design (Topographies) of Integrated Circuits;]
(4) “Small Cause Court” means the Court of Small Causes of Bombay;
(5) “special law” means a law applicable to a particular subject.
3. Constitution of City Court. — The 5[State] Government may, by notification in the Official
Gazette, establish for the Greater Bombay a court, to be called the Bombay City Civil Court.
Notwithstanding anything contained in any law, such court shall have jurisdiction to receive, try and
dispose of all suits and other proceedings of a civil nature 6[,not exceeding rupees ten crore in value,]
7[* * *] arising within the Greater Bombay, except suits or proceedings which are cognizable—
(a) by the High Court as a Court of Admiralty or Vice -Admiralty as a Colonial Court of
Admiralty, or as a Court having testamentary, intestate or matrimonial Jurisdiction, or
(b) by the High Court for the relief of insolvent debtors, or
(c) by the High Court under any special law other than the Letters Patent, or
8[(c -1) by the High Court under the Parsi Marriage and Divorce Act, 1936 (3 of 1936); or
(c-2) by the High Court in respect of intellectual property matters; or]
(d) by the Small Cause Court:
9[* * * *]
1 For St atement of Objects and Reasons of the L . A. Bill No. II of 1948, see Bombay Government Gazette, 1948,
Extraordinary, Part V, page 7.
2 16th August 1948 vide G.N., H.D., No. 2346/5-(7), dated 14th August 1948.
3 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 Clause (3A) was inserted by Mah. 25 of 2012, s. 2.
5 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 There words were substituted for the words “, not exceeding rupees one crore in value” by Mah. 46 of 2023, s. 2(i).
7 The words “not exceeding fifty thousand rupees in value, and” were deleted by Mah. 15 of 1987, s. 2.
8 Clauses (c-1) and (c-2) were inserted by Mah. 25 of 2012, s. 3(b).
9 This proviso was deleted by Mah. 46 of 2023 s. 2(ii).
6 The Bombay City Civil Court Act, 1948 [1948 : Bom. XL
4. [Power of 1[State] Government to enhance jurisdiction of City Court. ] Deleted by Mah. 46 of
1977, s. 3.
2[4A. 3[Transfer of suits and proceedings cognizable under section 3, to City
Court ].— 4[(1) Notwithstanding anything contained in section 9 of the Bombay City Civil Court and
the Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction and Amendment) Act,
1986 (Mah. XV of 1987) , all suits and proceedings cognizable by the City Court under section 3, and
pending in the High Court on the date of coming into force of 5[section 2 of the Bombay City C ivil
Court (Amendment) Act, 2023 (Mah. XLVI of 2023 )], not being suits or proceedings falling under
clauses (a) to (d) of section 3, shall stand transferred to the City Court.]
(2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the
City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally
instituted in that Court.
(3) In any such suit or proceeding institution fees shall be paid credit being given to any Court-fee
levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed
by the Ci ty Court in such manner as the 6[State] Government may, after consultation with the High
Court, determine by rules.]
7[4B. Power to make rules.— The High Court may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.]
5. Subordination to and superinten dence by High Court. — The City Court shall be deemed
to be a court subordinate to and subject to the superintendence of the High Court within the meaning of
the Letters Patent of the High Court and of the Code of Civil Procedure, 1908 (V of 1908).
6. Appointment of Judges. — The 8[State] Government may, by notification in the Official
Gazette, appoint as many persons as it thinks fit to be Judges of the City Court.
7. Powers of Judges when City Court consists of more than one Judge. — When the City
Court consists of more than one Judge—
(a) each of the Judge 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;
(b) the 9[State] Government may appoint any one of the Ju dges to be the principal Judge
10[and any two other Judges to be called the additional principal Judges];
(c) the principal Judge may from time to time make such arrangements as he may think fit
for the distribution of the business of the court among the various Judges thereof;
11[(d) 12[any additional principal Judge] may exercise all or any of the powers conferred on
the principal Judge by this Act or any other law for the time being in force, as the High Court
may, from time to time, direct].
1 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This section was inserted by Bom. 26 of 1950, s. 3.
3 This marginal note was substituted by Mah. 25 of 2012, s. 4(b).
4 Sub-section (1) was substituted by Mah. 25 of 2012, s. 4(a).
5 These words, figures and brackets “ section 4 of the Bombay City C ivil Court (Amendment) Act, 20 12” were substituted
for the words, figures and brackets “ section 2 of the Bombay City C ivil Court (Amendment) Act, 2023” by Mah . 46 of
2023, s. 3.
6 The word “State” was substituted for the word “Provincial” by Bom. 9 of 1951, s. 3, Second Schedule.
7 Section 4B was inserted by Mah. 25 of 2012, s. 5.
8 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 These words w ere substituted for the words “ and any other Judge to be the additional principal Judge ” by Mah. 15 of
1979, s. 2(a).
11 Clause (d) was added by Mah. 29 of 1968, s. 2(b).
12 These words were substituted for the words “the additional principal Judge” by Mah. 15 of 1979, s. 2(b).
1948 : Bom. XL] The Bombay City Civil Court Act, 1948 7
8. 1[Registrars].— (1) The 2[State] Government may appoint an officer to be called the Registrar
of the City Court. He shall be the chief ministerial officer of the Court ; and shall exercise such powers
and discharge such duties of a ministerial nature as the Judge of the City Court, or when the court
consists of more than one Judge, the principal Judge may, from time to time, by rules di rect. 3[The
State Government may als o appoint 4[two officers to be called the additional Registrars] of the City
Court. 5[Any additional Registrar] shall exercise all or any of the powers and discharge all or any of the
duties of the Registrar as the principal Judge may, from time to time, by rules direct].
(2) The 6[State] Government may, with the previous approval of the High Court invest the
Registrar and 7[any additional Registrar] 8[with all or any of the following powers of the Judge of the
City Court, namely :—
(a) the power to hear and dispose of all applications for permission to sue or defend as
paupers or for dispaupering plaintiffs or defendants permitted to sue or defend as paupers;
(b) the power to hear and dispose of all interlocutory applications or matters necessary for
the progress of any suit or other proceedings;
(c) the power to hear and dispose of all applications for execution of decrees (but in the case
of any application referred to in Rule 22 of Order XXI in the First Schedule to the Code of Civil
Procedure, 1908 (V of 1908), only when the person to whom the notice thereunder is served does
not appear or offer any objections to the execution);
(d) the other powers of the said judge, not being powers of trying suits and proceedings.
9. Questions arising in suits, etc., under Act to be dealt with according to law administered
by High Court. — Save as otherwise provided in this Act all questions which arise in suits or other
proceedings under this Act in the City Court shall be dealt with and determined according to the law
for the time being administered by the High Court in the exercise of its ordinary original civil
jurisdiction.
10. Fees for process. — (1) The High Court shall , from time to time, with the sanction of the
9[State] Government prescribe and regulate the fees to be taken for any process issued by the City
Court or by any officer of such court.
(2) Table of the fees so prescribed shall be published in the Official Gazette.
11. [Repayment of institution fee under certain circumstances.] Deleted by Mah. 15 of l968, s. 3.
12. High Court jurisdiction barred except in certain cases. — Notwithstanding anything
contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable
by the City Court:
Provided that the High Court may, for any special reason, and at any stage remove for trial by
itself any suit or proceeding from the City Court.
13. [Costs to be disallowed when plaintiff sues in High Court instead of in City Court .] Deleted
by Mah. 15 of 1987, s. 3.
1 This word was substituted for the word “Registrar” by Mah. 29 of 1968, s. 3(c).
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This portion was added by Mah. 29 of 1968, s. 3(a).
4 These words w ere substituted for the words “ an officer to be called the additional Registra r” by Mah . 15 of 1979,
s. 3(a)(i).
5 The words “Any additional Registrar ” were substituted for the words “The additional Registrar ” by Mah. 15 of 1979,
s. 3(a)(ii).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 The words “any additional Registrar” were substituted for the words “the additional Registrar” Mah. 15 of 1979, s. 3(b).
8 This portion was substituted for the words “ with any powers of the Judge of the City Court other than powers of trying
suits and proceedings” by Mah. 15 of 1968, s. 2.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 The Bombay City Civil Court Act, 1948 [1948 : Bom. XL
14. Allowance for fees paid in City Court in cases removed to High Court. — When any suit
or proceeding is removed for trial to the High Court from the City Court under section 12—
(a) it shall be heard and disposed of by the High Court in the exercise of its original civil
jurisdiction and the said Court shall have all the powers and jurisdiction in respect thereof as if it
had been originally instituted in such Court;
(b) court fee on the scale for the time being in force in the High Court as a court of original
civil jurisdiction shall be payable in that court in respect of the suit or proceeding therein:
Provided that in the levy of any such fee which, according to the pr actice of the court, is credited
to the 1[State] Government, credit shall be given for the institution fee already paid in the City Court.
15. Appeals and limitation.— (1) An appeal shall lie to the High Court from—
(a) every decree passed by the Judge of the City Court, and
(b) such orders passed by the said Judge as are specified in and to the extent provided for by
section 104 of the Code of Civil Procedure, 1908 (V of 1908).
(2) The period of limitation for an appeal fro m a decree or order of the City Court shall be thirty
days from the day of such decree or order:
2[Provided that the High Court may entertain the appeal after the expiry of the said period of
thirty days, if it is satisfied that the appellant was prevente d by sufficient cause from filing the appeal
within the said period.]
16. Seal of City Court. — The City Court shall use a seal of such form and dimensions as may
be for the time being prescribed by the 3[State] Government.
17. Holidays and vacations.— (1) The Judge of the City Court, or, when the Court consists of
more than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of
holidays and vacations to be observed in the court, and shall submit the same for the appr oval of the
High Court.
(2) Such list, when it has received such approval, shall be published in the Official Gazette, and
the said holidays and vacations shall be observed accordingly.
18. Transfer of suits pending in High Court.— (1) All suits and proceedings cognizable by the
City Court and pending in the High Court, in which issues have not been settled or evidence has not
been recorded on or before the date of the coming into force of this Act, shall be transferred to the City
Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers
and jurisdiction thereof as if they had been originally instituted in that Court.
(2) In any suit or proceeding so transferred institution fee shall be pa id, credit being given to any
court fee levied in the High Court, and costs incurred in the High Court till the date of the transfer shall
be assessed by the City Court in such manner as the 4[State] Government may, after consultation with
the High Court, determine by rules.
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This proviso was inserted by Bom. 32 of 1954, s. 3.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.