The UNITED PROVINCES HONORARY MUNSIFS ACT, 1896

THE UNITED PROVINCES HONORARY MUNSIFS 
ACT, 1896 
[ U.P. Act No. II OF 1896] 
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ARRANGEMENT OF SECTIONS 
SECTIONS 
1- Short Title, extent and commencement 
2- Repeal 
3- Definitions 
4- Power to appoint Honorary Munsifs 
5- Benches of Honorary Munsifs 
6- Status of Honorary Munsifs and Benches. 
7- Jurisdiction 
8- Institution of suits 
9- Procedure in suits 
10- Judgments and orders of Benches. 
11- Procedure in suits after decree. 
12- Appointment and removal of ministerial officers.- 
13- Exception of certain sections of Act XII of 1887 and XIII of 1879 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE UNITED PROVINCES HONORARY MUNSIFS  
ACT, 1896 
(U.P. Act No. II OF 1896) 
THE UNITED PROVINCES HONORARY MUNSIFS  
ACT, 1896 
(U.P. Act No. II OF 1896) 
 
(Received the assent of the Lieutenant-governor on the 30th August, 1896,  
and of the Governor-General on the 11th December, 1896, and  
published under Section 40 of the Indian Councils Act,  
1861, on the 2nd January, 1897) 
An Act to provide for the appointment of Honorary Munsifs and for the constitution  
of benches of Honorary Munsifs in the [United Provinces]1 
 
 Whereas it is expedient to provide for the appointment of Honorary Munsifs 
and for the constitution of Benches of Honorary Munsifs in the [United Provinces]1; 
 It is hereby enacted as follows: 
 1. Title, extent and commencement- (1) This Act may be called the [United 
Provinces] 1 Honorary Munsifs Act, 1896. 
 (2) It shall extend to the whole of [Uttar Pradesh]2  
 (3) It shall come into force at once. 
 2. Repeal.- (1) Section 15 of the Oudh Civil Courts Act, 18793, is hereby 
repealed. 
 (2) But all Honorary Assistant Commissioners, invested with powers under the 
provisions of that section shall be deemed to have been appointed Honorary Munsif 
under this Act and in respect of proceedings mentioned in sub-section (1) of Section 
11, shall continue to exercise such jurisdiction as they now possess as Honorary 
Assistant Commissioners. 
 3. Definitions.-  In this Act, unless there is something repugnant in the subject 
or context - 
 (1) "Honorary Munsif" means a person invested with the power of an Honorary 
Munsif under this Act; 
 (2) "Bench" means a Bench of Honorary Munsifs constituted under this Act; 
and  
 (3) "District Judge", "Subordinate Judge", and "Munsif" mean respectively the 
District Judge, the Subordinate Judge, and the Munsif appointed under the Bengal,  
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1. Subs. for (North-Western Provinces and Oudh) by S.28 (2) of U.P. Act 1 of 1904. 
2. Subs. for sub-s (2) of S. 1 by the A.O. 1950. 
3. Rep. by U.P. Act IV of 1925  
 
[Agra]1 and Assam Civil Courts Act, 1887, or the Oudh Civil Courts Act, 1879,2 within 
the local limits of whose jurisdiction an Honorary Munsif or Bench is empowered to 
try suits. 
 4. Power to appoint Honorary Munsifs.- The [State Government]3 may, by 
notification in the [Official Gazette],4 appoint any person to be an Honorary Munsif, 
and may, in like manner, cancel such appointment. 
 5 . Benches of Honorary Munsifs.- (1) The [State Government]3 may, by 
notification in the [Official Gazette],4 appoint any two or more Honorary Munsifs by 
name to be members of a Bench, and make rules respecting the constitution of such 
Bench. 
 (2) While such notitification remains in force the powers of such Honorary 
Munsifs, shall subject to the provisions of this Act, be exercised by the Bench so 
constituted, and not otherwise. 
 6. Status of Honorary Munsifs and Benches.- Every Honorary Munsif 
appointed under Section 4, and every Bench constituted under Section 5, shall be 
deemed to be a Munsif within the meaning of the Bengal, [Agra]1 and Assam Civil 
Courts Act, 1887, or of the Oudh Civil Courts Act, 1879,2 as the case may be, and save 
as hereinafter excepted, all the provisions of those Acts applicable to Munsifs shall 
apply, as far as may be, to all Honorary Munsifs and Benches in [Agra]5 and in Oudh, 
respectively. 
 7. Jurisdiction.- (1) Subject to the provisions of this Act, the jurisdiction of an 
Honorary Munsif or of a Bench shall be concurrent with that of the Munsif or where 
there is no Munsif, with that of the Subordinate Judge. 
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1. Subs. for "North-Western Provinces" in Act XII of 1887 by S. 2 of Act XVI of 1911. 
2. Rep. by U.P. Act IV of 1925. 
3. Subs. by the A.O. 1950 for (Provl. Govt.) which had been subs. by the A.O. 1937 for 
[L.G.]. 
4. Subs. for "Gazettee" by A.O. 1937 
5.Subs. for "the North-Western Provinces" by S. 29 read with S. 28(2) of U.P. Act I of 
1904. 
 
     
 (2) An honorary Munsif or Bench shall not take cognizance of any suit 
specified in the second schedule of the Provincial Small Cause Courts Act, 1887, as 
excepted from the cognizance of a court of Small Causes. 
 (3) Subject to the exceptions specified in that schedule and to the provisions of 
this Act, the Jurisdiction of an Honorary Munsif extends to all orginal suits of a civil 
nature, the value of the subject-matter of which does not exceed two hundred rupees. 
 [(4) Nothing in section 16 of the Provincial Small Cause Courts Act of 1887, 
shall be deemed to affect the jurisdiction of Honorary Munsifs or Benches under this 
Act, and no power exercised, or order issued, by an Honorary Munsif or Bench since 
the commencement of this Act shall be deemed to have been exercised or issued 
illegally and without jurisdiction merely by reason of the operation of the aforesaid 
Section.]1 
 8. Institution of suits.- (1) No suit or proceeding other than an application of 
the kind specified in sub-section (1) of Section 11 shall be instituted in the Court of any 
Honorary Munsif or Bench, but an Honorary Munsif or Bench shall try the suits 
transferred to the Court of such Honorary Munsif or Bench as provided in sub-
section(2). 
 [(2) The District Judge shall from time to time, having regard to the number of 
cases pending in the respective courts, transfer for trial from the court of the 
Subordinate Judge or of the Munsif or of the Small Cause Court Judge to an Honorary 
Munsif or Bench such number of cases cognizable by such Honorary Munsif or Bench 
as he deems advisable: 
 Provided that the last paragraph of Section 25 of the Code of Civil Procedure 
shall not be deemed applicable to cases so transferred from Courts of Small Causes, 
and that, except with the written consent of all the parties, no case in which the issues 
have already been framed shall be so transferred.]2 
 (3) The [State Government]3 may, by notification in the [Official Gazette]4 
direct that the provisions of sub-sections (1) and (2) shall not apply to any specified 
Honorary Munsif or Bench. 
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1. Add. by S.I of U.P. Act I of 1904. 
2. Subs. by S. 2 of U.P. Act I of 1904. 
3. Subs, by the A.O. 1950 for (Provl. Govt.) which had been subs. by the A.O. 1937 for 
(L.G.). 
4. Subs. for "Gazette" by the A.O. 1937. 
 (4) When a notification has been issued under sub-section (3), the District 
Judge shall assign to the Honorary Munsif or Bench specified therein such civil 
business cognizable by such Honorary Munsif or Bench, as, subject to any general or 
special orders of the High Court, he thinks fit. 
 9. Procedure in suits.-  The Courts of Honorary Munsifs and Benches in 
[Agra.]1 and in Oudh shall be deemed to be Civil Courts, under the Bengal, [Agra]2 and 
Assam Civil Courts Act, 1887,2 and the Oudh Civil Courts Act, 1879,3 respectively, 
and , save as herein excepted, all the provisions of the Code of Civil Procedure, shall 
apply to suits tried by Honorary Munsifs and Benches. 
 10. Judgments and orders of Benches.-  
(1) The opinion of the majority of the members of the Bench shall prevail and 
be deemed to be the decision of the Benches. 
 (2) Subject to the provisions of sub-section (1), the [State Government]4 may, 
after consultation with the High Court, make rules respecting the mode of 
settling differences of opinion which may arise between the members of a 
Bench. 
 (3) In making rules under sub-section (2) the [State Government]4 may direct- 
 (a) that the Bench shall forward the record of the case in which such difference 
 of opinion has arisen to the District Judge for orders; 
 (b) that the District Judge shall transfer the case for decision of the question in 
 respect of which such difference of opinion has arisen to any Court subordinate 
 to him having jurisdiction, and that the Bench shall dispose of the case in 
 conformity with such decision; or 
 (c)  that the District Judge shall withdraw the case from the Bench and try it 
 himself or transfer it for trial to any Court subordinate to him having 
 jurisdiction. 
 (4) When any subordinat Court has decided any question under clause (b) of 
sub-section (3), such subordinate Court shall not try any appeal from any decree or 
order passed by the Bench in any case in which such question has been so decided. 
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1. Subs. for "the North-Western Provinces" by S.29 Act I of 1904. 
2. Subs. for "North-Western Provinces" in Act XII of 1887 by S.2 of Act XVI of 1911. 
3. Rep. by U.P. Act IV of 1925. 
4. Subs. by the A.O. 1950 for (Provincial Government) which had been subs. by the 
A.O. 1937 for (L.G.). 
11. Procedure in suits after decree.- (1) When an Honorary Munsif or a Bench has 
passed a decree in any suit, such Honorary Munsif or Bench shall except for the 
purpose of applications under Section 99, 103, 108, 157, 206, 271 and 623 of the Code 
of Civil Procedure cease to exercise any further jurisdiction in respect of such suit. 
 (2) For the purposes of execution and proceedings after decree, other than those 
specified in sub-setion (1), the judgments, decrees and orders passed by an Honorary 
Munsif or Bench shall be deemed respectively to be judgments, decrees and orders of 
the Munsif's Court, or, where there is no Munsif, of the Subordinate Judge's Court. 
 
 (3) Where there are more Munsifs than one having concurrent local jurisdiction, 
the District Judge shall determine which one of them shall be deemed to be the Munsif 
for the purposes of sub-section (2): 
 Provided that the [State Government]1 may, by notification in the [Official 
Gazette]2 direct that the provisions of this section shall not apply to any specified 
Honorary Munsif or Bench. 
 
 12. Appointment and removal of ministerial officers.- The ministerial 
officers of the Court of an Honorary Munsif or Bench shall be deemed to be ministerial 
officers of the Court of the District Judge. 
 13. Exception of certain sections of Act XII of 1887 and XIII of 1879.- 
Nothing in the following sections of the Bengal, [Agra]3 and Assam Civil Court Act, 
1887, and the Oudh Civil Courts Act, 1879, shall apply to Honorary Munsifs and 
Benches, viz.- 
 
Act XII of 1887 
 
Section 7. - Vacancies among Munsifs. 
Section 12. - Temporary charge of office of Munsif. 
Section 19. - Extent of jurisdiction of Munsif. 
 
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1. Subs. by the A.O. 1950 for (Provincial Government) which has been subs. by the 
A.O. 1937 for (L.G.). 
2. Subs. for (Gazette) by the A.O. 1937. 
3. Subs. for (North-Western Provinces) in Act XII of 1887 by S.2 of Act XVI of 1911. 
Section 23. - Exercise by Munsif of jurisdiction of District Court in certain 
  proceedings. 
Section 24. - Disposal of proceedings referred to in Section 23. 
Section 25. - Power to invest Munsifs with Small Cause Court jurisdiction. 
Section 31. - Appointment and removal of ministerial officers of other Courts. 
 
 
Act XIII of 1879 
 
Section 17. - Extent of jurisdiction of Munsif. 
Section 24. - Power to invest with Small Cause Court jurisdiction. 
Section 34. - Removal etc., of ministerial office's of Munsifs' Courts. 
 

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