LexThe Telangana Civil Courts Act, 1972.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CIVIL COURTS ACT, 1972.
(ACT NO.19 OF 1972)
ARRANGEMENT OF SECTIONS
Sections
PART - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
PART – II
ESTABLISHMENT AND CONSTITUTION OF
COURTS FOR THE DISTRICT OF HYDERABAD.
3. Establishment of a City Civil Court.
4. Appointment of Judges to the City Civil Court.
5. Jurisdiction of the Judges of the City Civil Courts
in original suits and proceedings.
6. Distribution of work in the City Civil Court.
7. Omitted.
8. Omitted.
9. Forum for appeals.
PART – III
ESTABLISHMENT AND CONSTITUTION OF
COURTS IN DISTRICTS OTHER THAN THE
DISTRICT OF HYDERABAD.
10. Establishment of District Courts.
11. Appointment of Additional District Judges.
12. Establishment of Courts of Senior Civil Judges
and Junior Civil Judges.
13. Appointment of Principal and Additional Senior
Civil Judges and Junior Civil Judges.
2 [Act No. 19 of 1972]
14. Existing District Courts, Senior Civil Judges
Courts and Junior Civil Judges Courts deemed to
be established under this Act.
15. Local limits of Jurisdiction of District Courts,
Courts of Senior Civil Judge and Junior Civil
Judge.
16. Jurisdiction of District Judge, Senior Civil Judge
and Junior Civil Judge in original suits and other
proceedings.
17. Appeals from the decrees and orders of Courts in
the districts.
18. Establishment of a Court of Senior Civil Judge for
two or more districts.
19. Exercise by Senior Civil Judge of Jurisdiction of
District Judge in certain proceedings.
PART – IV
MISCELLANEOUS
20. Definition.
21. Places for the sitting of the Courts.
21-A. Special Provision regarding jurisdiction of certain
courts and validation of certain Acts.
22. Sittings of Courts.
23. General Control of a District Judge over all courts
in a district.
24. Investiture of District Judge, Senior Civil Judge or
Junior Civil Judge with small causes jurisdiction.
25. Seal of Court.
26. Law to be administered by courts in deciding
questions regarding succession, inheritance,
marriage, etc.
[Act No. 19 of 1972] 3
27. Judicial officers not to try suits in which they are
interested, not to try appeals from decrees or
orders passed by them in other capacities.
28. Temporary discharge of duties of the District
Judge or Chief Judge, City Civil Court.
29. Power to require witness or party to a suit to
make such oath or affirmation.
30. Duties of ministerial officer of Courts.
31. Vacation.
32. Appointment of Vacation Civil Judge.
33. High Court to receive suits and appeals when no
Vacation Civil Judge is appointed.
34. Repeals and savings.
35. Validation of proceedings taken before the
commencement of this Act.
THE TELANGANA CIVIL COURTS ACT, 1972.1
ACT No. 19 OF 1972.
PART I.
PRELIMINARY
1. (1) This Act may be called the 2[Telangana] Civil Courts
Act, 1972.
(2) It extends to the whole of the State of 2[Telangana].
(3) It shall come into force in such area and on such
date as the Government may, by notification, appoint; and
they may appoint different dates for different areas and for
different provisions of this Act.3
2. In this Act, unless the context otherwise requires,-
(a) “court” means a civil court established or deemed
to be established under this Act;
(b) “Government” means the 2[State Government of
Telangana];
(c) “High Court” means the 2[High Court of Judicature
at Hyderabad];
1. The Andhra Pradesh Civil Courts Act, 1972 received the assent of the
Governor on 13.10.1972. The said Act in force in the combined State, as
on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.17, L aw (LA,
LA&J Home-Courts.A2) Department, dated 06.12.2014.
2. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home -Courts.A2)
Department, dated 06.12.2014.
3. Came into force in the whole of the State except in the Scheduled
areas.
Short title, extent
and
commencement.
Definitions.
2 [Act No. 19 of 1972]
(d) “Notification” means a notification published in the
4Telangana Gazette; and the word “notified” shall be
construed accordingly.
PART – II
5[ESTABLISHMENT AND CONSTITUTION OF COURTS FOR
THE DISTRICT OF HYDERABAD.]
3. (1) The Government may, after consultation with the
High Court, by notification, establish a court to be called the
City Civil Court with jurisdiction to receive, try and dispose
of, subject to the provisions of this Act, all suits and
proceedings of a civil nature arising 5[in the district of
Hyderabad.]
(2) The City Civil Court existing on the date of the
commencement of this Act shall be deemed to have been
established under sub-section (1).
4. (1) The number of judges to be appointed to the City
Civil Court shall be one Chief Judge of the rank of a District
Judge and such number of Additional Chief Judges of the
4. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home -Courts.A2)
Department, dated 06.12.2014.
5. Substituted by Act No.1 of 1980.
Establishment of a
City Civil Court.
Appointment of
Judges to the City
Civil Court.
[Act No. 19 of 1972] 3
rank of a District Judge and such number of *[Senior Civil
Judges] 6[xxx] and such number of *[Junior Civil Judges]
6[xxx] as the Government may, after consultation with the
High Court from time to time, by notification, fix.
(2) The Chief Judge, any Additional Chief Judge, any
*[Senior Civil Judge] and any *[Junior Civil Judge]
appointed to the City Civil Court existing on the date of the
commencement of this Act shall be deemed to have been
appointed under sub-section (1).
* Throughout the Act (except section 14)
For Substituted
1. Additional Judge - Senior Civil Judge
2. Additional Judges - Senior Civil Judges
3. Assistant Judge - Junior Civil Judge
4. Assistant Judges - Junior Civil Judges
5. District Munsif - Junior Civil Judge
6. District Munsifs - Junior Civil Judges
7. Additional Subordinate Judge - Additional Senior Civil Judge
8. Additional Subordinate
Judges
- Additional Senior Civil Judges
9. Additional District Munsifs - Additional Junior Civil Judges
10. the Court of Subordinate
Judge
- the Court of Senior Civil
Judge
11. the Court of District Munsif - the Court of Junior Civil
Judge
12. the Court of Principal
Subordinate Judge
- the Court of Principal Senior
Civil Judge
13. the Court of Principal District
Munsif
- the Court of Principal Junior
Civil Judge
14. the Court of Additional
Subordinate Judge
- the Court of Additional Senior
Civil Judge
15. the Court of Additional District
Munsif
- the Court of Additional Junior
Civil Judge
Substituted by Act No.29 of 1997.
6. Omitted by Act No. 29 of 1997.
4 [Act No. 19 of 1972]
7[5. (1) The pecuniary jurisdiction of the Chief Judge and
an Additional Chief Judge shall, subject to the provisions of
the Code of Civil Procedure, 1908 and the other provisions
of this Act, extend to all original suits and proceedings of a
civil nature including land acquisition original petitions, the
amount or value of the subject matter of 8[which exceeds
rupees 9[fifty lakhs].]
(2) The pecuniary jurisdiction of a *[Senior Civil Judge]
shall extend to all like suits and proceedings of a Civil nature
including land acquisition original petitions not other wise
exempted from his cognizance under any other law for the
time being in force, the amount o r value of the subject
matter of 9[which exceeds rupees twenty lakhs but does not
exceed rupees fifty lakhs.]
(3) The pecuniary jurisdiction of a *[Junior Civil Judge]
shall extend to all like suits and proceedings not otherwise
exempted from his cogniza nce under any other law for the
time being in force, the amount or value of the subject
matter of 8[which does not exceed rupees 9[twenty lakhs].]]
6. (1) The Chief Judge may, from time to time, make such
arrangements as he may think fit, for the proper distribution
of the business of the City Civil Court among the various
Judges thereof.
(2) An Additional Chief Judge shall, subject to the
general or special orders of the High Court, perform all or
any of the functions of the Chief Judge which the Chief
Judge may assign to him and in the performance of those
functions, the Additional Chief Judge shall exercise the
same powers as the Chief Judge.
7. Section 5 with marginal heading substituted by Act No.29 of 1997.
8. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home -Courts.A2)
Department, dated 06.12.2014.
9. Substituted by Act No.10 of 2019.
Jurisdiction of the
Judges of the City
Civil Courts in
original suits and
proceedings.
Distribution of
work in the City
Civil Court.
[Act No. 19 of 1972] 5
10[7. [XXX]
8. [XXX]]
9. (1) An appeal shall, when it is allowed by law, lie from
any decree or order in a civil suit or proceeding,-
(i) of the Chief Judge or the Additional Chief Judge of
the City Civil Court, to the High Court;
(ii) of the *[Senior Civil Judge] of the City Civil Court-
(a) to the Court of the Chief Judge, when the
amount or value of the subject ma tter of the suit or
proceeding 11[is not more than 12[rupees twenty lakhs]];
(b) to the High Court in other cases; and
13[(iii) of the *[Junior Civil Judge] of the City Civil
Court, to the Court of the Chief Judge.]
(2) The Chief Judge may, subject to the orders of the
High Court, transfer for disposal any appeal filed in the City
Civil Court to any Additional Chief Judge or any *[Senior
Civil Judge.]
PART – III
ESTABLISHMENT AND CONSTITUTION OF COURTS IN
DISTRICTS OTHER THAN THE DISTRICT OF HYDERABAD.
10. (1) The Government may, after consultation with the
High Court, by notification, establish such number of District
10. Sections 7 and 8 omitted by Act No.1 of 1980.
11. Substituted by Act No.28 of 2000.
12. Substituted by Act No.10 of 2019.
13. Substituted by Act No.1 of 1980.
Forum for
appeals.
Establishment of
District Courts.
6 [Act No. 19 of 1972]
Courts as they may deem necessary and appoint a District
Judge for each District Court.
(2) The Government may, from time to time, likewise
abolish any District Court established under this section.
11. (1) Where, in the opinion of the High Court, the state of
business pending in a District Court, so requires, the
Government may, after consultation with the High Court,
appoint one or more Additional District Judges to the District
Court for such period as they may deem necessary.
(2) An Additional District Judge so appointed shall
perform all or any of the functions of the District Judge
under this Act or any other law for the time being in force
which the District Judge may assign to him, and in the
performance of those functions, he shall exercise the same
powers as the District Judge.
12. (1) The Government may, after consultation with the
High Court, by notification, establish such number of Courts
of *[Senior Civil Judges] and *[Junior Civil Judges] as they
may deem necessary for each district in the State other than
the district of Hyderabad.
(2) The Government may, from time to time, likewise
abolish any such Court established under this section.
13. (1) Where, in the opinion of the High Court, the state of
business pending in *[the Court of Senior Civil Judge] or
*[Junior Civil Judge] so requires, the Government may, after
consultation with the High Court, appoint one or more
*[Additional Senior Civil Judges] to *[the Court of Senior
Civil Judge] or one or more *[Additional Junior Civil Judges]
to *[the Court of Junior Civil Judge] for suc h period as they
may deem necessary.
Appointment of
Additional District
Judges.
Establishment of
Courts of Senior
Civil Judges and
Junior Civil
Judges.
Appointment of
Principal and
Additional Senior
Civil Judges and
Junior Civil
Judges.
[Act No. 19 of 1972] 7
(2) Where more than one *[Senior Civil Judge] is
appointed to a *[ Court of Senior Civil Judge] or more than
one *[Junior Civil Judge] is appointed to a *[Court of Junior
Civil Judge], one of the *[Senior Civil Judges] or *[Junior
Civil Judges] shall be designated by the High Court as the
Principal *[Senior Civil Judge] or the Principal *[Junior Civil
Judge] and the others as *[Additional Senior Civil Judges]
or as *[Additional Junior Civil Judges], as the case may be.
(3) Each of the *[Senior Civil Judges] or *[Junior Civil
Judges] appointed to a *[Court of Senior Civil Judge] or to
a *[Court of the Junior Civil Judge], as the case may be,
may exercise all or any of the powers conferred on such
Court by this Act or any other law for the time being in force.
(4) Subject to the general or special orders of the
District Judge, the *[ Principal Senior Civil Judge] or the
*[Principal Junior Civil Judge] may, from time to time, make
such arrangements as he thinks fit for the proper distribution
of the business of the Court among the *[Senior Civil
Judges] or *[Junior Civil Judges], as the case may be.
14. The District Courts, the Courts of Subordinate Judge
and the Courts of District Munsif Judge existing on the date
of the commencement of this Act and the District Judges,
Subordinate Judges and District Munsifs appointed to such
Courts prior to the said date shall be deemed to have been
established or appointed, as the case may be, under this
Act.
Explanation:- The Courts of Munsifs established and
the Munsifs appointed under the 14Andhra Pradesh
(Telangana Area) Civil Courts Act, 1954, shall be deemed to
be and always to have been respectively the Courts of
14. Repealed by this Act.
Existing District
Courts, Sr.Civil
Judges Courts
and Jr.Civil
Judges Courts
deemed to be
established under
this Act.
Act XXXVI of 1954.
8 [Act No. 19 of 1972]
District Munsifs established and the District Munsifs
appointed under this Act.
15. (1) The Government shall, after consultation with the
High Court, by notification, fix and may from time to time,
likewise alter, the local limits of the jurisdiction of any District
Court or *[Court of Senior Civil Judge]; and the High Court
shall, by notification, fix and may from time to time, likewise
alter the local limits of the jurisdiction of any *[Court of
Junior Civil Judge].
(2) The local limits of the jurisdiction of every Distr ict
Court, *[Court of Senior Civil Judge] or *[Court of Junior
Civil Judge] existing on the date of the commencement of
this Act shall be deemed to have been fixed under this
section and shall continue as such until altered.
15[16. (1) The pecuniary jurisdiction or a District Judge,
shall subject to the provisions of the Code of Civil
Procedure, 1908 and the other provisions of this Act, extend
to all original suits and proceedings of a Civil nature
including Land Acquisition origina l petitions, the amount or
value of the subject matter of 16[which exceeds 17[rupees fifty
lakhs].]
(2) The pecuniary jurisdiction of a Senior Civil Judge
shall extend to all like suits and proceedings of a Civil nature
including Land Acquisition original petitions not otherwise
exempted from his cognizance under any other law for the
time being in force, the amount or value of the subject
matter of 17[which exceeds rupees twenty lakhs but does not
exceed rupees fifty lakhs.]
15. Section 16 with marginal heading substituted by Act No.29 of 1997.
16. Substitut ed by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2)
Department, dated 06.12.2014.
17. Substituted by Act No.10 of 2019.
Local limits of
Jurisdiction of
District Courts,
Courts of Senior
Civil Judge and
Junior Civil
Judge.
Jurisdiction of
District Judge,
Senior Civil Judge
and Junior Civil
Judge in original
suits and other
proceedings.
Central Act V of 1908.
[Act No. 19 of 1972] 9
(3) The pecuniary jurisdiction of Junior Civil Judge shall
extend to all like suits and proceedings, not otherwise
exempted from his cognizance under any other law for the
time being in force, the amount or value of the subject
matter of 18[which does not exceed 19[rupees t wenty
lakhs].]]
17. (1) An appeal shall, when it is allowed by law, lie from
any decree or order in a civil suit or proceeding-
(i) of the District Court, to the High Court;
(ii) of *[the Court of Senior Civil Judge],-
(a) to the District Court, when the amount or v alue
of the subject matter of the suit or proceeding 20[is not more
than 21[rupees thirty five lakhs];]
(b) to the High Court, in other cases; and
(iii) of *[the Court of Junior Civil Judge], to the District
Court.
(2) The District Judge may, subject to the orders of the
High Court, transfer for disposal any appeal from the decree
or order of a *[Court of Junior Civil Judge] preferred in the
District Court, to any *[Court of Senior Civil Judge] within
the district.
(3) Where a *[Court of Seni or Civil Judge] is
established in any district at a place remote from the seat of
the District Court, the High Court, may, with the previous
18. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2)
Department, dated 06.12.2014.
19. Substituted by Act No.10 of 2019.
20. Substituted by Act No.28 of 2000.
21. Substituted by Act No.18 of 2020.
Appeals from the
decrees and
orders of courts in
the Districts.
10 [Act No. 19 of 1972]
sanction of the Government, direct that an appeal from the
decree or order of any *[Court of Junior Civil Judge] wi thin
the local limits of the jurisdiction of such *[Court of Senior
Civil Judge] shall be preferred in the said *[Court of Senior
Civil Judge]:
Provided that the District Judge may, from time to time,
transfer to his own Court, any appeal so preferred, and
dispose it of himself.
18. (1) Notwithstanding anything in this Act, the
Government may, after consultation with the High Court, by
notification, establish a *[Court of a Senior Civil Judge] for
such area comprised within the limits of the jurisdiction of
two or more District Courts as may be specified in the
notification.
(2) A *[Senior Civil Judge] appointed for the Court
established under sub -section (1) shall hold the Court at
such place within the jurisdiction of each of the said District
Courts and for such period as the High Court m ay, from
time to time, appoint.
(3) The local limits of the jurisdiction of *[the Court of
Senior Civil Judge], when it is sitting at any such place, shall
be the same as those of the District Court concerned, but
*[the Court of Senior Civil Judge] shall not entertain any
original suit, appeal or proceeding but shall try or dispose of
only such s uit, appeal or other proceeding as may be
transferred to it by the District Court concerned by or under
this Act or any other law.
(4) An appeal from the decree or order of *[the Court of
Senior Civil Judge] in a suit or proceeding so transferred
shall, where it lies to a District Court, lie to the District Court
which transferred the suit or proceeding.
Establishment of a
*[Court of Senior
Civil Judge] for
two or more
districts.
[Act No. 19 of 1972] 11
19. (1) The High Court may, by general or special order,
authorise any *[Senior Civil Judge] to take cognizance of or
any District Judge to transfer to any *[Senior Civil Judge]
under his control, any proceedings under the Indian
Succession Act, 1925, which cannot be disposed of by
District Delegates.
(2) The District Judge may withdraw any such
proceedings taken cognizance of by, or transferred to a
*[Senior Civil Judge] and may either himself dispose them
of or transfer them to a Court under his control, competent
to dispose them off.
(3) Notwithstanding anything in sect ion 17, the
proceedings taken cognizance of by, or transferred to, a
*[Senior Civil Judge] under the provisions of this section
shall be disposed of by him subject to the law applicable to
like proceedings when disposed of by the District Judge.
(4) The provisions of this section shall apply in relation
to the Chief Judge, City Civil Court and *[Senior Civil
Judges] thereof as they apply in relation to the District
Judge and the *[Senior Civil Judges] with the substitution of
references to the Chief Judge and *[Senior Civil Judges] for
references to the District Judge and the *[Senior Civil
Judges].
PART – IV
MISCELLANEOUS
20. In this Part, the terms “District Judge ”, “Additional
District Judge ”, *“[Senior Civil Judge] ” and *“[Junior Civil
Judge]”, and the “District Court ”, *“[Court of Senior Civil
Judge]” and the *“[Court of Junior Civil Judge] ”, shall, in
relation to the district of Hyderabad 22[XXX] respectively
22. Omitted by Act No.1 of 1980.
Exercise by
*Senior Civil
Judge of
Jurisdiction of
District Judge in
certain
proceedings.
Central Act 39 of 1925.
Definition.
12 [Act No. 19 of 1972]
mean the Chief Judge, Additional Chief Judge, *[Senior Civil
Judge] and *[Junior Civil Judge] of the City Civil Court, and
the Courts of the Chief Judge or Additional Chief Judge,
*[Senior Civil Judge] and *[Junior Civil Judge] thereof.
21. (1) The Government may, after consultation wi th the
High Court, from time to time, by notification, appoint the
23[place or places at which] any District Court or *[Court of
Senior Civil Judge] established under this Act shall sit; and
the High Court may, from time to time, by notification,
appoint the 23[place or places at which] any *[Court of
Junior Civil Judge] established under this Act shall sit.
(2) The place at which any Court specified in this Act is
sitting on the date of the commencement of this Act shall be
deemed to have been appointed under this section and
shall continue as such until it is altered.
(3) 23[The place or places appointed], or deemed to
have been appointed, for the sitting of any court under this
section shall be within the local limits of the jurisdiction of
that Court, 24[unless the Government otherwise direct.]
25[21-A. (1) Notwithstanding anything in this Act, whenever a
new district is formed under the provisions of section 3 of
the 26Telangana Districts (Formation) Act, 1974, 27[on or after
formation of the State of Telangana], until a separate District
Court is established for such district, the District Court, *[the
Court of Senior Civil Judge] or *[the Court of Junior Civil
Judge] ex ercising jurisdiction over the respective area
23. Substituted by Act No.19 of 1984.
24. Inserted by Act No.1 of 1980.
25. Inserted with marginal heading by Act No.1 of 1980.
26. Adapted by G.O.Ms.No.225, Revenue (DA -CMRF) Department,
dated 03.12.2015.
27. Substituted by G.O.Ms.No.17, Law (LA , LA&J Home -Courts.A2)
Department, dated 06.12.2014.
Places for the
sitting of the
Courts.
Special Provision
regarding
Jurisdiction of
certain courts and
validation of
certain Acts.
Act No. 7 of 1974.
[Act No. 19 of 1972] 13
immediately prior to the formation of such new district, shall
continue to exercise the jurisdiction over the area included
in such district as if the new district has not been formed.
(2) Any jurisdiction e xercised, any judgment, decree or
order passed or made, and any other act or proceeding
done or taken, until the establishment of a new District Court
for the new district on or after the formation of a new district
shall be deemed always to have been vali dly exercised or
passed or made and done or taken in accordance with law.]
22. The courts under the control of the High Court shall sit
from day to day, except on Sundays and on such other days
as may be declared as holidays by the High Court for all or
any of the districts.
23. Subject to the other provisions of this Act and to such
orders as the High Court may, from time to time, issue in
this behalf, the genera l control over all the courts under this
Act in a district shall be vested in the District Judge.
24. (1) The High Court may, by notification, invest, within
such local limits as it shall, from time to time, fix-
(i) any District Judge or *[Senior Civil Judge], with
the jurisdiction of a Judge of a Court of Small Causes for the
trial of suits cognizable by such Courts upto the amount of
28[ten thousand rupees];
(ii) any *[Junior Civil Judge], with like jurisdiction
upto the amount of 28[four thousand rupees.]
(2) The High Court may, likewise, withdraw the
jurisdiction from the District Judge, *[Senior Civil Judge] or
*[Junior Civil Judge] so invested.
28. Substituted by Act No.30 of 1989.
Sittings of Courts.
General Control of
a District Judge
over all courts in a
district.
Investiture of
District Judge,
*[Senior Civil
Judge] or *[Junior
Civil Judge] with
small causes
jurisdiction.
14 [Act No. 19 of 1972]
25. Every Court under this Act shall use a seal of such form
and dimensions as may, from time to time, be specified by
an order of the High Court with the approval of the
Government.
26. Where, in any suit or proceeding, it is necessary for
any court under this Act to decide any question regarding
succession, inheritance, marriage or any religious usage or
institution-
(i) (a) the Muslim law in cases where the parties are
Muslims and Hindu law in cases where the parties are
Hindus, or
(b) any custom, if such there be, having the force of
law and governing the parties or property concerned, shall
form the rule of decision, unless such law or custom has
been altered or abolished by legislative enactment, and
(ii) in a case where no specific rule exists the court
shall act according to justice, equity and good conscience.
27. (1) No judicial officer shall try any suit to which he is a
party or in which he is personally interested, nor he shall
adjudicate upon any proceeding connected with, or arising
out of, such suit.
(2) No such officer shall try any appeal against a
judgment, decree or order passed by him in another
capacity.
(3) Where any such suit, proceeding or appeal comes
before any such officer, he shall report the circumstances to
the court to which he is immediately subordinate.
Seal of Court.
Law to be
administered by
courts in deciding
questions
regarding
succession,
inheritance,
marriage, etc.
Judicial officers
not to try suits in
which they are
interested, not to
try appeals from
decrees or orders
passed by them in
other capacities.
[Act No. 19 of 1972] 15
(4) The superior court shall thereupon dispose of the
case in the manner provided by section 24 of the Code of
Civil Procedure 1908.
(5) Nothing in sub-section (4) shall be deemed to affect
the extraordinary original civil Jurisdiction of the High Court.
Explanation:- In this section, the expression ‘Judicial
Officer’, includes any Judge of the City Civil Court, any
District Judge, any *[Senior Civil Judge] and any *[Junior
Civil Judge].
28. In the event of the death of the District Judge or of his
being incapacitated by illness or otherwise for the
performance of his duties, or of his absence from the station
at which his court is sitting, the Senior Additional District
Judge at such station, or if there is no Additional District
Judge there, 29[the Principal Senior Civil Judge] at such
station, or if there is no such Additional District Judge or
*[Senior Civil Judge] at the station, such other *[Senior Civil
Judge] in the District, or any other District Judge of a
neighbouring district as the High Court may specify in this
behalf shall, without interruption to his ordinary duties,
assume charge of the office of the District Judge and shall
discharge such of the current duties thereof as are
connected with the filing of suits and appeals, the execution
of process and the like, and shall continue in charge of the
office until it is resumed or assumed by a person duly
appointed to that office:
Provided that where an Additional District Judge or a
District Judge of a neighbouring district assumes charge
under this section, it shall be competent for him to perform
any of the functions of District Judge under this Act or any
other law for the time being in force.
29. Substituted by Act No.29 of 1997.
Temporary
discharge of
duties of the
District Judge or
Chief Judge, City
Civil Court.
Central Act V of 1908.
16 [Act No. 19 of 1972]
29. Every Court under this Act may require a witness or
party to any suit or other proceeding pending in such court
to make such oath or affirmation as is prescribed by law for
the time being in force.
30. A Ministerial Officer of a court shall perform such duties
as may, from time to time, be imposed upon him by the
presiding officer of the Court.
31. The Courts under the control of the High Court may
adjourn, from time to time, for such periods not exceeding in
the aggregate two months in each year, as may be notified
by the High Court.
32. (1) Notwithstanding anything in this Act or in the Code
of Civil Procedure, 1908, the High Court may for the
duration of the adjournment of any District Court in summer,
appoint for such District Court a Vacation Civil Judge not
below the rank of a District Judge or the Government may
after consultation with the High Court, so appoint a Vacation
Civil Judge not below the rank of a *[Senior Civil Judge].
(2) (a) The local limits of the jurisdiction of the Vacation
Civil Judge shall be the same as those of the District Court
concerned.
(b) The jurisdiction of the Vacation Civil Judge shall
extend to all suits, appeals and other proceedings pending
in, or cognizable by, any court (whether a District Court, a
*[Court of Senior Civil Judge] or a *[Court of Junior Civil
Judge]) in the district concerned when such Court is
adjourned for summer vacation.
(3) The place, at which the Court of the Vacation Civil
Judge shall be held, shall be the same as the place at which
the District Court concerned may be held. The Vacation Civil
Judge shall have such administrative control over the staff of
Power to require
witness or party to
a suit to make
such oath or
affirmation.
Duties of
ministerial officer
of Courts.
Vacation.
Appointment of
vacation Civil
Judge.
Central Act V of 1908.
[Act No. 19 of 1972] 17
the Courts in t he District as the High Court may, by general
or special order determine.
(4) Notwithstanding the appointment of the Vacation
Civil Judge, every court in the district shall, during the
period it is adjourned for summer vacation, be deemed to
be closed for the purposes of section 4 of the Limitation Act,
1963.
(5) On the reopening of the District Court, a *[Court of
Senior Civil Judge] or a *[Court of Junior Civil Judge] after
the summer vacation, all suits, appeals, an d other
proceedings pending in the Court of the Vacation Civil
Judge, which, but for this section would have been
instituted or pending in such District Court, *[Court of Senior
Civil Judge] or *[Court of Junior Civil Judge] as the case
may be, shall stand transferred to the Court concerned and
any judgment, decree, order or proceeding passed by the
Vacation Civil Judge shall, after such transfer, be deemed to
be a judgment , decree, order or proceeding passed by the
Court concerned.
(6) Notwithstanding th e provisions of sub-section (5),
any appeal from the judgment, decree or order of the Court
of the Vacation Civil Judge, shall, when such appeal is
allowed by law, lie to the High Court.
33. When the District Court or the Court of *[Senior Civil
Judge] or 30[the Court of Junior Civil Judg e] to which a suit,
an appeal or other proceeding lies is adjourned under
section 31 and when no Vacation Civil Judge is appointed
under sub -section (1) of section 32, the High Court shall
have the power to receive such suits, appeals and other
proceedings.
30. Substituted for “the Court of Munsif” by Act No. 29 of 1997.
High Court to
receive suits and
appeals when no
Vacation Civil
Judge is
appointed.
Central Act 33 of 1963.
18 [Act No. 19 of 1972]
34. (1) The Andhra Pradesh (Andhra Area) Civil Courts Act,
1873, the Andhra Pradesh (Telangana Area) Civil Courts
Act, 1954 and section 17 of the Andhra Pradesh (Telangana
Area) Small Causes Courts Act, 1330 Fasli are hereby
repealed.
(2) The provisions of sections 8 and 18 of the
31Telangana General Clauses Act, 1891 shall apply upon
such repeal.
35. All proceedings taken or orders, judgments and
decrees passed by any Court before the date of the
commencement of this Act shall be deemed always to have
been validly taken or passed in accordance with law.
* * *
31. Adapted by the Telangana Adaptation of Laws Order, 2016, issued
in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Repeals and
savings.
Act No 1 of 1891
Validation of
proceedings
taken before the
commencement
of this Act.