The Odisha Civil Courts Act, 1984

The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
O.A. No 18 of 1984
The Orissa Civil Courts Act, 1984
Published vide Orissa Gazette, Extraordinary No. 146/10.8.1984-Noti-
fication No. 14017-Legis./9.8.1984.
For Statement of Objects and Reasons see Orissa Gazette, Extraordi-
nary No. 298/5.3.1984.
An Act to consolidate and amend the law relating to Civil Courts in
Orissa.
Be it enacted by the Legislature of the State of Orissa in the Thirty-fifth
year of the Republic of India, as follows :
1. Short title, extent and commencement. - (1) This Act may be called
the Orissa Civil Courts Act, 1984.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may,
by notification, appoint in this behalf.
2. Classes of Civil Courts. - (1) There shall be the following classes of
Civil Courts under this Act, namely:-
(a) The Court of the District Judge which shall include the Court of
the Additional District Judge;
1[(b) The Court of the Civil Judge (Senior Division) which shall in-
clude the Court of the Additional Civil Judge (Senior Division)
and;
(c) The Court of Civil Judge (Junior Division) which shall include
the Court of Additional Civil Judge (Junior Division).]
(2) The Court of the District Judge shall be the principal Court of origi-
nal civil jurisdiction in the district.
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
Explanation - For the purposes of this sub-section the expression "Dis-
trict Judge" shall not include an Additional District Judge.
3. Number of Courts. - The State Government may, from time to time,
on the recommendation of the High Court, determine the number of Courts of
District Judges, Additional District Judges, 1[Civil Judge, (Senior Division)]
4. Vacancies in the offices of District Judge and [Civil Judge (Senior
Division)]. - (1) Whenever the of fice of the District Judge or of the 1[Civil
Judge (Senior Division)] is vacant by reason of death, resignation or removal
of the Judge, or due to any other reason, or whenever an increase in the number
of Courts of District or 1[Civil Judge, (Senior Division)] has been made under
the provisions of Section 3, the vacancy may be filled up by appointment, in
the case of a District Judge, by the Governor in consultation with the High
Court and in the case of a 1[Civil Judge, (Senior Division)] by the High Court.
(2) The High Court may appoint a District Judge or a 1[Civil Judge,
(Senior Division)] to discharge, for such period as it thinks fit, in addition to
the functions devolving on him as such District Judge of [(Civil Judge, (Senior
Division)] all or any of the functions of another District Judge or 1[Civil Judge,
(Senior Division)], as the case may be.
5. Additional Judge. - (1) Whenever the business pending before any
District Judge requires the aid of Additional Judges for its speedy disposal, the
Governor may, after consultation with the High Court, appoint such number of
Additional Judges as may be necessary.
(2) The Additional Judges so appointed shall, subject to the general or
special order of the High Court, dischar ge all or any of the functions of the
District Judge as are assigned to them either under this Act or under any other
law for the time being in force and in dischar ge of such functions they shall
exercise the same powers as a District Judge.
6. Administrative control of Courts. - Subject to the superintendence
of the High Court, the District Judge, shall have administrative control over all
the Civil Courts under this Act within the local limits of his jurisdiction.
7. Temporary charge of District Courts. - (1) In the event of the death,
resignation, removal or transfer of a District Judge, or of his being incapaci-
tated by illness or otherwise for the performance of his duties, or of his ab-
sence from the place at which his Court is held and unless any other arrange-
ment has been made by the High Court, the Additional District Judge or if an
Additional District Judge is not present at that place, the senior -most judicial
officer exercising civil power present and available thereat, shall, without re-
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
linquishing his, ordinary duties, assume char ge of the of fice of the District
Judge and shall continue in char ge thereof, until the office is resumed by the
District Judge, or assumed by an officer appointed thereto-
(2) While in charge of the office of the District Judge or the Additional
District Judge or the senior-most judicial officer exercising civil powers as the
case may be, subject to any rules which the High Court may make in this
behalf, exercise any of the powers of the District Judge.
8. Transfer of proceedings on vacation of Civil Judge, (Senior Divi-
sions or 1[Civil Judge, (Junior Division)].  - (1) In the event of the death,
resignation or removal of 1[Civil Judge, (Senior Division)] or of his being in-
capacitated by illness or otherwise for the performance of hi duties or in the
event of his absence from the place at which his absence from the place at
which his Court is held, the District Judge may transfer all or any of the pro-
ceedings pending in the Court of the 1[Civil Judge (Senior Division)] either to
his own Court or to any Court under his administrative control competent to
dispose of them :
Provided that the District Judge may transfer to the Court of the 1[Civil
Judge, (Senior Division)] or his successor any proceedings transferred to his
or any other Court :
Provided further that in respect of proceedings not pending in the Court
of 1[Civil Judge, (Senior Division)] on the occurrence of an event referred to
above and with respect to which the 1[Civil Judge, (Senior Division] has ex-
clusive jurisdiction, the District Judge may exercise all or any of the jurisdic-
tion of that Court.
(2) Proceedings transferred under Sub-section (1) shall be disposed of
as it they had been instituted in the Court to which they are so transferred.
(3) The provisions contained in Sub-sections (1) and (2) shall mutatis
mutandis, apply to proceedings pending in the Court of a 1[Civil Judge, (Junior
Division).]
9. Power to fix local limits of jurisdiction of Cour ts. - (1) The State
Government, may in consultation with the High Court and by notification, fix
and alter the local limits of the jurisdiction of any Civil Court established un-
der this Act.
(2) If the same local jurisdiction is assigned to two or more 1[Civil Judge,
(Senior Division)] or two or more 1[Civil Judge, (Junior Division)] the District
Judge may, subject to any general or special orders of the High Court, assign to
each at them such civil business cognizable by the 1[Civil Judge, (Senior Divi-
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
sion)] or 1[Civil Judge, (Junior Division)], as the case may be, as he thinks fit
Provided that a decree or order passed by the 1[Civil Judge, (Senior
Division))] or 1[Civil Judge, (Junior Division)] shall not be invalid by reason
only of the case in which it was made having arisen wholly or in part in a place
beyond the local area of which the civil business is assigned by the District
Judge, if the place is within the local limits fixed by the S tate Government
under Sub-section (1).
(3) A Judge of a Court of Small Causes appointed to be also a 1[Civil
Judge, (Senior Division)] or [Civil Judge, (Junior Division)] shall be deemed
to be a 1[Civil Judge, (Senior Division)] or [Civil Judge, (Junior Division)] as
the case may be, for the purposes of this section.
10. Place of sitting of Courts. - The State Government may, in consul-
tation with the High Court and by notification, fix and alter the place of sitting
at any Civil Court established under this Act.
11. Holidays and vacations. -  (1) The Civil Courts in the S tate shall
remain closed such days as the High Court, in consultation with the State Gov-
ernment, notifies in the of ficial Gazette for the whole of the S tate or for any
local area.
(2) The Civil Courts shall have three vacations each year viz., Summer,
Dasera and winter and the total period of the three vacations inclusive of Sun-
days and other holidays falling within them shall not exceed sixty days and the
High Court shall fix the period of each vacation.
(3) Notwithstanding anything contained in this Act at in the Code of
Civil Procedure, 1908 (5 of 1908) the High Court may , by general or special
order, make such arrangement as it deems fit for the disposal of urgent matters
arising during the vacations.
(4) The jurisdiction of the Vacation Judge shall extend to such matters
as the High Court may, by order, determine.
(5) Notwithstanding any arrangement made under Sub-section (3) or
Sub-section (4) all the Civil Courts shall, for the purpose of Limitation Act,
1963 (36 of 1963) be deemed to be closed during the three vacations.
(6) A judicial act done by a Civil Court on a holiday notified as such
shall not be invalid by reason only of its having been done on such holiday
unless it has caused prejudice to any party.
12. Seals of Courts. - Every Civil Court established under this Act shall
use a seal of such form and dimensions as are prescribed by the High Court.
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
13. Continuance of proceedings of Courts ceasing to have jurisdic-
tion. - (1) Where any Civil Court established under this Act has from any cause
ceased to have jurisdiction with respect to any case, any proceedings in rela-
tion to that case which, if that Court had not ceased to have jurisdiction, might
have been had therein, may be had in the Court to which the business of the
former Court has been transferred :
Provided that if such proceeding relates to a part-heard case it shall con-
tinue in the file of the Court ceasing to have jurisdiction up to the stage of
delivery of the judgement.
(2) Nothing in this section shall apply to cases for which provision is
made in Sections 36, 37 and 114, and Rule 1 of Order XLVII in Schedule I to
the Cede of Civil Procedure, 1908 (5 of 1908) or in any other enactment for the
time being in force.
14. Extent of original jurisdiction of District or [Civil Judge (Senior
Division)]. - Save as otherwise provided by any enactment for the time being
in force the jurisdiction of a District Judge or 1[Civil Judge, (Senior Division)]
extends subject to the provisions of Section 15 of the Code of Civil Procedure,
1908 (5 of 1908) to all original suits for the time being cognizable by Civil
Courts.
15. Extent of jurisdiction of [Civil Judge (Junior Division)] . - Save
as aforesaid, the jurisdiction of a [Civil Judge (Junior Division)] extends to all
like suits of which the value does not exceed four thousand rupees.
(2) The High Court may, by notification, with respect to any [Civil Judge
(Junior Division)] named therein, direct that his jurisdiction shall extend to all
like suits of such value not exceeding ten thousand rupees as may be specified
in the notification.
16. Appeals. - (1) Save as otherwise provided by any enactment for the
time being in force,-
(a) an appeal from a decree or order of a District Judge or Additional
District Judge shall lie to the High Court ;
(b) an appeal shall not lie to the High Court from a decree or order of
an Additional District Judge in any case, in which if the same had
been made by the District Judge and appeal Would not lie to the
High Court.
(2) Save as aforesaid, an appeal from the decree or order of a [Civil
Judge (Senior Division)] shall lie-
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
(a) to a District Judge, where the value of the original suit in which
or in any proceeding arising out of which the decree or order was
made, did not exceed [one lakh rupees] ; and
(b)  to the High Court, in any other case.
(3) Save as aforesaid, an appeal from the decree or order of a 1[Civil
Judge, (Junior Division)] shall lie to the District Judge.
(4) Where the function of receiving any appeals which lie to the District
Judge under Sub-section (2) or Sub-section (3) has been assigned to an Addi-
tional District Judge, the appeals may be preferred in the Court of such Addi-
tional District Judge.
(5) The High Court may, by notification, direct that any or all appeals
referred to in Sub-section (3) shall be preferred in the Court of any 1[Civil
Judge (Senior Division)] mentioned in the notification, and the appeals shall
thereupon, be preferred accordingly.
17. Power to transfer to [Civil Judge (Senior Division)] appeals from
1[Civil Judge, (Junior Division)]. - (1) Any appeal pending before a District
Judge from the decree or order of a [Civil Judge (Junior Division] may be
transferred by the District Judge to any [Civil Judge (Senior Division)] under
his administrative control.
(2) The District Judge may withdraw any appeal so transferred and ei-
ther hear and dispose of it himself or transfer it to a Court under his administra-
tive control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to
the rules applicable to like appeals when disposed of by the District Judge.
18. Proceedings under Indian Succession Act, 1925. - (1) The High
Court may, by general or special order , authorise any [Civil Judge (Senior
Division)] to take cognizance of or any District Judge to transfer to a [Civil
Judge (Senior Division)] under his administrative control, any proceedings or
class of proceedings under the Indian Succession Act, 1925 (39 of 1925) which
cannot be disposed by a District Delegate.
Explanation - "District Delegate" means a District Delegate within the
meaning of Section 265 of the Indian Succession Act, 1925 (39 of 1925).
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
(2) The District Judge may withdraw any proceedings referred to in
Sub-section (1) to his own file and may dispose of them himself or may trans-
fer them to a competent Court under his administrative control.
(3) Proceedings taken cognizance of by or transferred to a Civil Judge
(Senior Divisions) shall be disposed of by him according to the rules appli-
cable to like proceedings when dealt with by the District Judge.
19. Conferring jurisdiction under Small Cause Courts Act. - The High
Court may by notification, confer, within such local limits as it thinks, fit upon
any 1[Civil Judge (Senior Division)] or 1[Civil Judge (Junior Division)] the
jurisdiction to try suits under the Provincial Small Cause Courts Act, 1887 (9
of 1887) up to such amount as it may deem proper but not exceeding in the
case of a 1[Civil Judge (Senior Division)], the value of two thousand and five
hundred rupees and in the case of a 1[Civil Judge (Junior Division)] one thou-
sand rupees.
20. Investing 1[Civil Judge (Senior Division)] with powers under cer-
tain Acts. - (1) The High Court may, by notification, invest any 1[Civil Judge
(Senior Division)] within such local limits and subject to such pecuniary limi-
tations as it may deem fit, with all or any of the powers of a District Judge
under any of the following Acts, namely :
(i) Indian Divorce Act, 1869 (4 of 1869);
(ii) The Guardians and Wards Act, 1890 (8 of 1890);
(iii) The Hindu Minority and Guardianship Act, 1956 (32 of 1956); and
(iv) The Indian Lunacy Act, 1912 (4 of 1912).
(2) An appeal against every order made by [Civil Judge (Senior Divi-
sion)] by virtue of the powers conferred upon him under Sub-section (1) shall
lie to-
(i) the District Court when the amount or value of the subject matter is
less than twenty-five thousand rupees; and
(ii) the High Court in other cases.
(3) An appeal against every order of the District Judge passed in an
appeal under Sub-section (2) shall lie to the High Court under the rules con-
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
tained in the Code of Civil Procedure, 1908 (5 of 1908) applicable to appeals
from appellate decrees.
21. Powers of Civil Courts to other officers. - (1) The State Govern-
ment may, after consultation with the High Court, invest any of ficer with the
powers of any Civil Court under this Act by name or by virtue of office.
(2) Where the place at which the Court of such of ficer invested with
powers under Sub-section (1) is to be held has not been fixed under Section 10,
he may hold Court at any place within the local limits of his jurisdiction.
(3) Nothing in Sections 3, 4, 5, 7 or 8 shall apply to such officer, but all
other provisions of this Act shall, so far as those provisions can be made appli-
cable, apply to him as if he were a Judge of the Court with the powers of which
he is invested.
22. Rule of decisions. - (1) Where in any suit or other proceeding it is .
necessary for a Civil Court to decide any question regarding succession, inher-
itance, marriage or caste or any religious usage or institution, the personal law
of the parties, be they Hindus or Mohammedans, as the case may be, shall form
the rule of decision, except in so far as such law has, by legislative enactment,
been altered or abolished.
(2) In cases not provided for by Sub-section (1) or by any other law for
the time being in force, the Court shall act according to justice, equity and
good conscience.
23. Judge not to tr y suits in which he is personally inter ested. - (1)
The presiding officer of a Civil Court shall not try any suit or other proceeding
to which he is a party or in which he is personally interested.
(2) The presiding officer of an appellate Court under this Act shall not
hear an appeal against a decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in Sub-
section (2) comes before any such officer, he shall forthwith transmit the record
of the case to the Court to which he is immediately subordinate with a report of
the circumstances attending the reference.
(4) The superior Court shall, thereupon dispose of the case under Sec-
tion 24 of the Code of Civil Procedure, 1908 (5 of 1908).
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993

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