The Sikkim Civil Courts Act 1978

Gc\/ERf\lMEt..J~T GAZETTE
EXTRAORDINARY
PUBUSHED BY AUTHORITY
No. 43 Gangtok, Monday, April 3, 1978
LEGISLATIVE DEPARTMENT·'
NOTIFICATION
No. 9/LLf78
Dated Gangtok, the 3rd April, 1978.- ~. .
The following Act of the Sikkim Legislative Assembly having received the assent of the
Governor on the 3I st day of March, 1978 is hereby published for geriercil information. ..:
SIKKIM ACT NO.9 OF 1978
THE SIKKIM CIVIL COURTS ACT, 1978
AN
ACT
Short title and COnJ,~jell-
cement,
Classesif Courts,
Number if judses,
Vacancies amons Dis-
trict or Civil judses.
to consolidate the law relating to Civil Courts subordinate to the High Court
in the State of Sikkim.
WHEREAS it is expedient to consolidate. the law :relati?gto. Civil
Courts subordinate to the High Court in the State of Sikkim , . ....
It is hereby enacted in the Twenty-ninth Year of the Republic ofIndia
by the Legislature of Sikkim as follows:- '.
CHAPTER I.
PRELIMINARY
I. (1) This Act may be called the Sikkim Civil Courts Act, 1978.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette appoint,
CHAPTER II.
CONSTITUTION OF CIVIL COURTS
2. Besides the High Court and the Courts constituted under any other law
for the time being in force, there shall be the following classes of Civil Courts,
namely:-
(1 )
(2)
(3)
the Court of the District Judge j
the Court of the Additional District Judge; and
the Court of the Civil Judge.
3. The State Government may increase or otherwise alter the number of
the District Judge, the Additional District Judge and the Civil Judge now
fixed.
4. (I) Whenever the office of any Judge is vacant by reason of the death,
resignation, removal of the Judge or other cause, or whenever an increase
in the number of Judge or Judges has been made under the provisions
of Section 3, the High Court or, as the case may be, the State Government
may fill up the vacancy.or make the appointments.
(2) Nothing in this Section shall prevent the State Government
from appointing a Civil Judge to discharge, for such period as it thinks fit, in
addition to the functions devolving on him as such Civil Judge, all or any ofthe
functions of the Court of any other Civil Judge.

Additional District Judge.
Administrative Control
ifcourts.
Temporary chaTge ifthe
District Court.
Tranif'er ifproceeding
on vacation ifcifficc (fAdditional District Judge.
..Tranif'er to proceedings
C?T va~ation cifcjJiCeif
. ·Civiljridge.
Power tofix local limits
c!fjurisdiction c!fCourts.
( 2 )
5. (I). Ifby reason of any increase in the business in the Court of the
District Judge or for any other reason, the State Government thinks fit so tc,t-h
do, it may, in consultation with the High Court, appoint such Additiona(
District Judges as may be requisite, in accordance with· the provisions of
Article 233 of the Constitution of India.
(2) Additional District Judges so appointed shall discharge any
of the functions of the District Judge which the District Judge may assign to
them and, in the discharge of those functions, shall exercise the same powers
as the District Judge.
6. Subject to the provisions of the Constitution of India, the District Judge
shall have administrative control over all the Civil Courts under this Act.
7. (I) In the event of the death, reSignation or removal of the District
Judge, or his being incapacitated by illness or otherwise for the performance of
his duties or of his absence from the place at which his Court is held, the
senior Additional District Judge present thereat, or, if an Additional District
Judge is not present at that place, the Senior Civil Judge present thereat, shall,
without relinquishing his ordinary duties, assume charge of the office of the
District Judge and shall continue in charge thereof untill 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, the Addi-
tional District Judge or the Civil Judge, as the case m<ly be, m1y, subject to any
rules and to any general or special direction which the High Court mly make
in this behalf, exercise any of the powers of the District Judge.
8. (I) In the event of the death, resignation or removal of an Additional
Distr-ict Judge, or his being incapacitated by illness or otherwise for the per-
formance of his duties, or his absence from the place at which his Court is held,
the District Judge may transfer all or any of the proceedings pending in the
Court of the Additional District Judge either to his own Court or to the Court
. of any other Additional District Judge.
(2) The District Judge may re-transfer to the Court of the Addi-
tional District Judge, or his successor any proceeding transferred under sub-
section (1) to his own Court or the Court of any other Additional District
Judge .
.9. (1) III the event of the death, resignation or removal of a Civil Judge,
or of his being incapacitated by illness. or otherwise for the performance of
his duties, or of his absence from the place at which his Court is held, the Dis-
trict Judge· may transfer all or any of the proceedings pending in the Court of
the Civil Judge either to his own Court or to any Court under his administra-
tive control competent to dispose of them.
(2) Proceedings transferred under sub-section (I) shall be disposed
of as if they had been instituted in the Court to which they are so transferred.
(3) The District Judge may re-transfer to the Court of the Civil
Judge or his successor any proceedings transferred under sub-section (I) to
his own or any other Court.
(4) For the purpose of proceedings which are not pending in the Court
of the Civil Judge and with respect of which that Court has exclusive jurisdic-
tion, the District Judge may exercise all or any of the jurisdiction of that Court
on the occurrence of an event referred to in sub-section (I).
10. (r ) The State Govt. may, in consultation with the High Court,
.by notification on the official Gazette, fix arid alter the local limits of the Juris-
diction of any Civil Court under -this Act.
(2) If the same local jurisdiction is as~igned to two or more Civil
Judges, the District Judge may, subject to any general or special orders of the
High Court, assign to each of them such Civi 1business cognizable by a Civil
Judge and arising from such local area within the local jurisdiction, as he ~hi~J<s
fit.
(3) When civil business arising in any local area i~ assigned by the
District Judge under sub-section (2) to one Or two or more Civil Judges, a dec-
ree or order passed by the Civil Judge shall not. be invalid by reason onl of
I I I 1 I I I I 11 I . I II

flacfcif sit~ing if Courts.
Seals q/Courts.
. ·CoI)tjnuance if procee-
.:,(f{rJi;.d Court Ceasing to
na~e jur!sdiction.
Extend if original juris- .
diction r1District judge.
Extent ifjurisdiction if·
civil judge.
. (4J 'The present iocallin~ii:s of.tl-ie jurisdiction of every Civil Court
under-th.s Act shall he deemedtohave been fixed under this Section.
I I. (I). The State (;overnmcnt 1!l1Y,i:l 'consultation with the High Court,
by notification in the OFficii!l Gazette, fix ana/alter the place or places at which
an' Civil Court under this Act is to be herd.
, .(2) Allplaces atwhicI~ any-such C~urts are now held shall be deemed
to have been fixed under this Section;"; .-.' .'
12;( 1) ·Tl~e days tobe observed in ej~;h year as closed holidays in the
Civil Courts unclerthis Act shall be in aeeord mce with the list as may be pre-
pared by the HighC rurt for the purpose. . .,
(2) The [istshal] be published in the Official Gazette.
(3) A judicial act done by a Civil Court on a dly specified in the list
shall not be invalid by reason only of its having been/done on that day.
13. (r) Every Civil Court under this Act-shall use a seal of such form
and dimension as are prescribed by the High ·Court.'.
(2) Until seals are prescribed undersub-section (r) the Civil Courts
under this Act shall continue to use 'such. seals asare now used by such Courts.
14. (I) Where any Ci\'ilCOli~+\'1l1derthis Act: :has from any caus-J:cea~;ed
to have jurisdiction with respect to-any case, anyp roceeding in relation to that
case which, if that Court'had not 'ceased to have ju'.:!-isdiction, might have had
therein, .may be had in ,the' court to which -the business of the former Court
hag been transferred. .. ..-..... ~'-''''''
(2) Nothing in this Section applied to cases for which provisions have
been or are made in any other law for the time being in force .
..q-IAPJ:E,I.l- .III.
JURISDIC'flON'tiF C6URTS
IS' "Save as otherwise provided in any law for the time bei.ng in force, the
Jurisdiction of c..District Judge extends to aU original suits for the time being
cognizable by Civil Courts .
..16.. (1) Save as aforesaid and subject to the provisions of sub-section (2),
..the jurisdiction of a Civil Judge shall extend co all suits of which the value does
not exceed ten thousand rupees.
(2) The State Government may, on the recommendation of the High
Court, direct, by notification in the OFficial Gazette, with respect to any Civil
Judge named therein that his jurisdiction shall extend to all like suits of such
value not exceeding twenty thousand rupees as mly be specified in the noti-
fication:
Provided that the State Government may, by notification in the Official Gazette,
""-~ .." 'delegatetothe Higl-i'Courfits' power under-this' Sectjo~:-········----·-·--·-·-..- ...=s->
Appeal fro171 District and 17. (I) Save as otherwise provided in any law for the time being in force,
Additional District judges. an appeal from a decree or order of the District Judge or an Additional Dis-
trict Judge shall lie to the High Court.
(2) 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 decree or order had
been made hy the District Judge, an appeal would not lie to that Court.
18. (1) Save as aforesaid, an appeal from a decree or order of a Civil
Judge shall lie;
(a) to the District Judge 'where the value of the original suit in which
or in any proceeding arising out of which the decree or order was mide did
not exceed five thousand rupees, and .
(b) to the High Court in any other cases.
(2). Where the function of receiving any appeals which lie to the
District Judge under sub-section (I) has been assigned to an Additional District
Judge, the appeal's may be preferred to the Additional District Judge.
Appeals from Civil
judge.
Judges not to vrsuits
in which they are JIl-
terested.
CHAPTER IV.
SUPPLEMENTARY PROVISIONS
J 9.(1) The presiding Officer of a Civil Court under this Act shall not
try any suit or other proceeding to which he is a party or "in which he is per-
sonall y interested.

Act sh ot try an app
Aepeal.
. cCfpacity.
(3) When any such suit, proceeding or appeal as is referred to in sub.
section (I) or sub-section (2) comes before any such officer, the officer shall
forthwith transmit the record of the case to the District Judge with a report
of the circumstances attending the reference.
(4) The District Judge shall thereupon dispose of .the case. himself
or transfer the case to any other Court of competent jurisdiction.
20. All Civil Courts, except the High Court of Sikkim, exercising juris-
diction in the State of Sikkim immediatly before the commencement of this
Act shall deem to have been duly constituted and to be exercising jurisdiction
under the provision of this Act and all appointments, nominations rules and
orders made, jurisdiction and powers conferred and all other actions done or
taken relating to such Civil Courts, or purpoting expressly or impliedly to
have been so made, conferred, done or taken, shall be deemed to have been
respectively made, conferred,. done or taken under the provisions of this Act•
.2 I • All laws including rules, regulations, notifications, orders or instruc-
.tions, in force immediatly before the commencement of this Act, in so far .they
.are inconsistent with the provisions of this Act shall, to the extent of~such ill-
consistency, cease to have effect and stand repealed from the date of such com-
mencement.
By Order of the Governor.
B. R. PRADHAN,
Secretary to the Government of Sikkim
Law and Legislative Department.
F. 16 (44)LL/77.
PRINTED AT THE SIKKIM GOVERNMENT PRESS

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