Keyword(s):
City Court, City of Madras, High Court, Small Cause Court
Amendments appended: 5 of 1916, 1 of 1945, 10 of 1955, 34 of 1980, 30 of 1982, 28 of1995, 21 of 1997, 1 of 2004, 19 of 2010
TEE MADRAS CITY CIVIL COURT ACT, 1892. CONTENTS. SECTIONS. 1 Title. 2 Definitions. 3 Constitution of the City Court. 8-A Power of State Government to enhance the juriadiotion of the City Court. I 4′ Powers of Judges of City Court. I 5 Judge of City Courti to be Judge of Small Cause Court. 6 [Repealed.] 7 Ministerial Offioera. 8 Questions sriring in suits, eto., under Aot to . be dealt with according to law administered by High Court. 9 [Repealed.] 10 Procesa-fees. 1 1 Appointment of Reoeirerr. 12 [Repealed.] 13 [Repealed. 1 14 Allowance for fees paid in City Court in csroa removed to High Court. 16 Appeals. 16 Saving of original oivil j~rirdict~ion of High Court. 17 Seal to be used. 18 Holidayo and vaoations. 1892: Cen. Act VIq Madras City Civil Court 143 ACT No. VII OF 1892l. [THE MADRAS CPY CIVIL COURT ACT, 1892.Ia An Act to establish an additional Civil Court for the City of Madras. WHEREAS it is expedient to establish an additional Civil Court for the City of Madras; It is hereby enacted as follow8 :- I. (1) This Aot may be called the Madras City ~it~,. Civil Court Act, 1892. 2. In this Act, unless there is something repug- l>,finitions. nant in the subject or context,- (1) “City Court” means the Court established under the next following section ; (2) “City of Madras” means the area within the local limits for the time being of the ordinary original civil jurisdiction of the High Court: (3) “High Court” meana the High Court of Judicature at Madraa ; and (4) “Small Cause Court” means tho Court of Small Causes of Madras. — —- 9 1 For Statement of Objects rarrcl Itoaqoas, see Qa?eU@ of India, 1891, Pt. V, P. 144 ; for Prel lninary Report of the Select (‘ommittee,see aazefrr? of I?iclin. I b02. Pt. V, p. I) ; for Further ltoport. sce ibid, p. 40 ; nrid for ti o B~llol Itoport, acl. ii~id, p. 60 ; for Pn)ceotlingn in Co~~ncil. nee ilid. 1891. Pt,. VT. p. 119 ; r~nd ibirl, 1,.02, Pt. V1, pp. 6, 13, 20, 23, 37. 57 llnd 01. 2 See also the Mntlras City Civil Court and Presidorlcy Small Cause Courts(Amendment) Act, 1916 (Tamil Nadu Act V of 1016). 8 The word “end” sub-section (2) were repealed by the Repealing end Amemding Aot,l914 (Central Aot XM of 1914). e. 3 md Soh. 11. 144 Xadras City Civil Court E1892: Cen. Act VII Ooautitutioa 8. The l[State Government] may, by notification th*C)ity in the Official Gazette,esta;blish a Court, to be called the d6drt. Madras City Civil Court, with jurisdiction to reoeive, try and dispooe of all auits and othcr procaodinga of (I civil nature 1106 exceeding two thousctnd five hundred rupees In value and arising within the City of Madras, except suits or proceedings whioh are cognizable- (a) by the High Court as a Court of Admiralty or Vioe-Admiralty or as a Colonial Court of Admiralty, or rts a Court having testamentary, intes!ate or matrir nonial jurisdiction, or (b) by the Court for the relief of insolvent debtors, or (c) by the Small Couae Court. Powor of Stat. a[8-A. Subjeot to the exoeptions speoified in Uovornment to section 3, the l[State Government] may, by notiljloa- pbanoe the urisaiotion of tion in the Official Gazette, invest the City Court !koai~ C~UF*. with jurisdictionto reoeive, try and dispose of a11 suits and other proceedings of s civil nature arising within the City of Madrae and of such value not exoeeding 3[fifty thousand rup~] tamay be specified in the notification.] Pewora of Jnws of City ‘[4. (I) The City Court &dl aonrirt of a PrindCourt. pal Judge and sueh number of Additional or Alsiahnt Judger as the State Governmat may from timo to time 8ppoint. I 1 The words “Provincia1 Governmentw were substituted for the words “Local ~overnment” by the Adapt~tion Order of 1937 and the word “St*to” was substituted for “Pr~vi~cial” by the Adaptation Order of 1950. 8 Section 3-A was inserted by section 2 of the Madras City Civil Court (Amendment) Act, 1934 (Madras Act I of 1936). 8 These words were substituted for the words “ten thousand rupeess” by section 2 of the Madras City Civil Court (Amend. mmt) Aot, 1955 (Tsmil Nadu Aot X of 1955), which was brou&t into form on the 1st July 1966. 4 This section was substituted for the origin4 Mior( ~y r.otion 8, ibid. fl92 : Cen. Act VII] Hadras City Civil Courr 146 (2) Subject to the provisions of section 15, tsc 11 *of the Judges 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. (3) The l’rincipal Judgo lntly from time to time make such al~angemonts as he may think fit fur the distribntion of tho businem of the Court among the various Judges thereof.] 5. (1) Every person appoint~d a Judge of the City Judge of city Court to be Court shall bo, by virtue of his office, a Judge of )he Judge of Snal, Small Cause Court with respect to cnsos cognizable Cause ~ourt. by that Court. (2) Every sach Jttdge shall be liablo to perform any dutics of a Judge of tho Small C;f R[:C!I Con-C may, st any stago thereof make an order transferring the same to the City Court if in hk opinioll such suit or proceeding is within the jurisdiction of that Court and should be tried therein ; – — — 1 These word3 wort) substituted for the words (‘~b: between attorney ccnd cllont”, by
NADU] ACT No. X OF 19552. * (Received the assent of the Governor on the 20th AprN 1955 ; first published in the Fort St. George Qazttt e on the 27th April 1955.) – An Act further to amend the Madras City Civil Court Act, 1892. I WHEREAS it is expedient further to amend the Madras City Civil Court Act, 1892 (Central Act VIZ of 1892), for the purposes hereinafter appearing ; . BE it enacted in this Sixth Year df the Republic of India I .. as follows :- 1. (1) This Act may be called the Madras City Ci~ilShort title – Court (Amendment) Act, 1955. and corn-, mencement, (2) It shall come into force on * such date as the State Govtrnment may, by notification in the Fort St. George Gruerte**, appoint. C 2-7. h he amendme’nts made by sections 2 to 7 have been incorporated in Central Act YII of 1892.1 , 8. (1) All suits pending in the High Court on the date *Transitw of the commencer~ent of this Act and which .would be provision. within the cognizance oi the Madras City Civil Court 3[under tho provisions of the said Act as amended by this Act] shall stand transferred to thc Madras City Civil Court. 4 These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,’1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 3 For Statement of Objects and ~easons, see lort St. George Gazette, Part IV-A, Extraordinary, dated the 24th March 1955, page 85. .* ‘ . ‘These words were substiuted for the words “under the provisions of this Act” by section 3 (a) of the Madras City Civil Court (Second : . Amendment) Act, 1955 (Tamil Nadu Act XXIX of 1955), deemed < to have ‘come into force on the 1st Jhly.l95 5. ) *. . -. . 18 + ‘9 , ‘. ,’ Ca*e I into force on the 1st Suly,;1955. I) . P I.& . ?* :I&w the Tamil Wadu Government Oazette. ). f.’ 125-~30~ I* I b. 468 Madras City civil Court [I955 : T.N. Act X (Amendment) 1[(2) All appeals against decrees or ord~rs of any Judge df the Madras City Civil Court other than the P~incipal ,Judge pending in the High Court on thc 1st July 1955 and which would be withill the cognizallcr ~f thc Priilcipal Judge under the provisions of the said Act as amenced by this Act shall stand lransferred to the Principal Judp on the date appointed by the High Court in this behalf.] -. . .- — IL ThiQ sub-section was substituted for the original sub-section (2) by section 3(b) cf t he Piairas City Civil Court (Second Amendnlcnt) Act, 1955 (Tarni: Badu Act XXlX of j 9S5), dtcnaed to have come intoforw OP the is: July 1955. 94 CivN Courts and the Madras [ 1980 : T.N. Act 34 City Civil Cwt (Amerahefit) TAMIL NADU ACT 1\90, 34 of 1980,* THE TAMIL NADU CNIL COURTS AND THE MADRAS CITY CIVLL COURT (AMENDMENT) ACT, 1980. [&cei ved the assent of the President on the 16th October 1980, first published ih the Tamil Nadu Government Gazette Extraordimry OH the 23rd October 1980 (Aippasi 7, Rowthiri-2011- Thiruvahvar Aad).] An AC t further ,to amend the Tamil Nadu Civtl Colirtr Ae t, 1873 and the Madras City Civil Court Act, 1892. I BE it enacted by the Legislature ‘of the Sthte of Tamil Nadu in the Thirty-first year of the Republic of India as fcllo ws :- short title and 1. (1) This Act may be called the Tamil Nadu Civil comwnsc Coults and the Madras City Civil Court (Amendment) mmt. Act, 1980. (2) It shall come into fcrce on such date as thc State Government may, by notification, appoint. Amendment of 2. In the Tamil Nadu Civil Courts Act, 1873 (Central Central ~~t Act I11 of 1873)p~ 111 of 1873.. (1) in section 12, in the second paragraph, for the words “five thousand rupeesW,the words ” fifteen th~usand rupees” shall be substituted ; (2) in. section 13, for the second paragraph, the following paragraph shall be substituted, namely:- “Appeals from the decrees and orders of Subordinate Judges and District Munsifs sball, when such appeals ale allowed by law, lie to the ‘Distiict Court if passed– (i) before tfic daf e of the commencement of the Tamil Nadu Civil courts and the Madras City Civil Court (Amendment) Act, 1980,except wher the amount or value ofthe subject rn< ctta of the suit exceeds rupees ten thousand in which case the appeal shall lie tc the High Court j and *For Statement of Objects and Rcuons, see Tamil j~du Government Gazette Extraordinary, dated the 6th August 1980, Part IV -%$ion 1, pagas 251-252. 1986: 18. Act 341 Civil Courts and the Madras City Civil Corer t (Arneizdmen t) 93 ‘i (ii) on or after the date of the commencement I of the said Act except when the amount cr value of the l subject matter of the suit exceeds Iupees tllirty thousand in wbich case the appeal shall lie to the High Colrlt ;”. 3. In the Madtr s City Civil Court Act, 1892 (Centr-‘ Amendm,lt of Act VII of 1892),- central Act VII of 1892. (I) in section 3-A, for the words “fifty thc usand rupees”, the words “one lakh of rupees” shall be substituted ; (2) in section 15,- (a) in sub-section (I), for the wotds “ten thousand rupees”, the words ”thirty thousand rupees” shall be ru bstituted i (h) nftcr sukscction (21, the following subaect io 11 shall bc inserted, namely:- “(2-A) An appeal shall lie to the Principal Judge from any decree or order appealabl,: u,nc’er the pxovisions of the Code of Civil Procedure, 1908 (Cential Act V of 1908) passed in any suit 01 proceeding by a judge other than the Principal Judge or En Additional Judge on 01 after the date of the commencement of the Tamil Nadu Civil Courts and the Madras City Civil Court (Amendment) Act, 1980, where the amount or value of the subject matter does not :xcetd thirty thousand rupees.” 4. (1 ) All suits pending in the High Court on the date of the commencement of this Act and which would provision, be within the cognizance of the Madras City Civil Court under the provisions of the Madras City Civil Court Act, 1892 (Central Aot VII of 1892) as amended by this Act shall stand. transferred to the Madras City Civil Court. (2) All suits and proceedings of which the amount or value of the subject matter exceeds Iupees five thousand but does not exceed rupees flfteen thousand pending in any Sub-Court, or District Court, as the case may be, on the date of the commencement of this Act, shall stand transferred to the Court ofthe District Munsif having jurisdiction over the matter. Short titla an commencement. Repeal of Tamil Nadu Act V of 1916 838 Madras City Civil Court and [I Presidency Small Cause Couirs (Amendment) Repeal TAMIL NADU ACT NO. 30 OF 1982.* THE MADRAS arm C)LVIL COURT AND PRES DHNCY Sh1P.LL CAUSE COURTS (AMEND- MENT) REPEAL ACT, 1982. Received the assent of the President on the 3 1st firstpu blishedin the Tamil Nadu Governmen Extraordinary, on the 5th June 1982 (Va Thunthubi, T.5 irwaZlur’ Aandu-20 13 .) An Act to repeal the Mudras City Civil Court on Small Cause Cows (Amenbent) Ac BE [it enacted by the Legislature of the State of Tamil Nwlu in the Tlrirty-third Year of the Republic of India as follows :- 1. (1) This Aot may be called the Madra ld Uourt and Presidency Small Cause Courts Repeal Act, 1982. (2) It stall come into for orce on suich dat Government may, by notification, appoint. 2. (1) The Madrc J: Oity Civil Court 2nd Presidency Small Cause Courts (Am~n Amm) Act, 19 1 6 (Tamil Nadu Aot V of 19161, is hereby repealed. (2) Notwithstanding such repeal, all suits instituted in the Madras City Civil Court under seclioc 2 of the said Act or trensferred to the said Court under section 3 of the said Act and which are pending before the ;i?.iid Court cn the dzte af the cornrnencement of this Act shall be disposed of by the said airy Oivil Court as if this Act ha.d not ken passed. I * For Statement of Objects and Reasons, see Tad Na& Gma, men! Gazette Extraordinary, dated the 4th March 1982, Plrt IVSeCt1~ 1, mm 118. .- – . -. ‘I’AMI-L-‘~ NADU GOVERNMENT GAZETTE ‘EXTRAORDINARY – QUBLISHEO BY .AUTHORITY — Tamil Nadu Acts and Ordinances. Tbr fcllo ,~iag Act of the Tamil N-idtr Legislativ: Assembly receiv:d the asseilt of the President cn the 27th SeptemSer 1395 and is her .by publishec, for ge~eral info1 rnation :- ACT No. 28 OF L995. An Act .furtfter to ntttelztl the Tdnlil IVLE(/Z~ Civil COIII./S &I, 1873 and ihe Madras City Civil Cozrrt Act, 1892. BA it enacted by the Legislative Assembly of the State of Tamil N.idu in the Forty-sixth Year of the Republic of India as follo\vs :– I. (I) This Act may be called the Tamil Nadu Civil Courts and the Madras City Short title Civil Court (Amendment) Act, 1995. and commcnc.a (2) It shall come into force on such date as the State bovernmenf may, ty men*. notification, appoint. Amendment ot Cent~al A,a U1 of 1873. (I) in section 12, in the second paragraph, for the words “fifteen thousand rupees”, the words “thirty thousand rupees” shall be substituted ; (2) in section 13, for the second paragraph, the follo\ving paragraph shall be substituted, namely :- ( 103 ) (ii) on or after the date of the commenceme~lt of the said Amendment Act except when the amount or value of the subject matter of the suit exceeds rupees one lakh in which case the appeal shall lie to the High Court.”. (3) In soction 28, – (i) FOI. the word; “t~o thousand rupees”, the words “twenty thousand rupees” shall be substituted ; (ii) for the words “fivc Izuilcired rupces , ihe words “five iho.bsand rure;sW shall be substituted. meadment 3. In the Madras Cily Civil Court Act, 1892,- Central Act G’ of 1892. (I) in soction 3-A, for the words “one lakh of rupees”, the words “ten lakhs of rupees” sI1;111 bc sl~h\!i!~tciI ; (2) in soction 15, – (i) in sub-scction (I), for tllc words “tliirly tliousand rupccs”, thc words “one la], h of rupees” shall be substituted ; 11i) for sub-section (2-A), the following sub-section shall be substituted, namely :– “(2-A) An appeaI shall lie to the Principal Judge from any decree or order appealable under the provisicns of tkc Ccde of Civil Prccedure, 1908 ( Central Act V of 1908), passed in any si~it or proceeding by a Judge other than the Principal Judge or an Additional Judge,– (a) before ;he date of the commencement of the Tamil Nadu Civil Courts and the Madras Ci~y Civil Court (Amendment) Act, 1995, where the amount or value of the subject-matter does not exceed thirty thousand rupees ; and (b) on or aflcr thc datc of thc co~~~mcncc~ncnt of thc said Amcndmcnt Act, where the amount or value of the subject-matter does not exceed one lakh of rupees.”. .., — ransitory , 4. (1) All suits pending in the High Court on the date of the commencement revision, of this Act and whic!~ w>uld bz wit11111 he cognizance of the Madras City Civil Court under the provisio~zs of thc Madras City Civil Court Act, 1892 (Central . . Act VII of 1892) as alneildcd by this Act shall stand transferred to the Madras \. City Civil Court. (2) AII suits and pioccedings of which the anloullt or value of the subjectmatter exceeds rupees fifteen thousand but does not exceed rupees thirty thousand and pending in a-iy Sub-court or District Court, as the case may be, on the date of the commonconlent of this Act, shall stand transferred to the Court of the Distrkt Munsif having jurisdiction over the matter. M. MUNIRAMAN, Serretary to Governnzen:, row Department. C .. I … [email protected] NO M t Y t 15 Paisa TAMIL NADU GBVE~NMENT GAZETTE EXTRAORDINARY PUBLISHEOBY AuTH~R~TY CHITHWAI 15, ISVARA, THl RUVALLUVA R AANDU-2028 —. – – — -_ ‘ ‘ Part IV – Section 2 ‘1 Tamil Nadu Acts and Ordinances?, The following Act of the Tamil Nadu Legislative Assembly received the assent I of the President on the 23rd April 1997 and is hereby published for genaal infor- I mation :- ACT No. 21 OF 1997. An Act further to amend the Chennai City Civil Court Act, 1892. tral ~ct’ of 1892. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the FO~QL eighth Year of Republic of India as follows :- I. (1) This Act may be called the Chennai City Civil Court (Amendment) Act, Short title and 1997. commencement. (2) ft shall be deemed to have-come into force on the 1st day of December 1995. 2. In the Chennai City Civil Court Act, 1892 (hereinafter referred to as the Amendment of principal Act), in section 15,- section 15. (1) in sub-sect.ion (I), for the words “oae lakh cf rupees”, the words “three lakhs of rupees” shall be substituted: (2) for suke:tion (2-A), the following sub-sections shall be substituted, namely :- “(2-A) An appeal shall lie to the Principal Judge from any decree or order appealable under the provisiqns of the Code of Civil Procedure, 1908 (Central Act V of 1908), passed In any su~t or proceeding by a Judge other than the Principal Judge or an Additional Judge,- -..— (a) before the 1st day of December 1995, where the amount or valae of the subject matter does not exceed one lakh of rupees; – A up) W-2 I$. (2361-1 ,[ $69 4 – , , ,, “. 1 -1., qfi U’AML NADU WVERWNT GA ZEll E EX’IRAORDMARY 1 ‘ r; J’C (b) on or dkr tbe LH day of Deumr 1995. where the amount or value of the subject mattes does not exceed three lakhs of rupees; and I — —- – ahall lie to the0% Court. &a t Gazette of which the amount or v LU uc3 Vv,C.IIII ‘LLV –.p.– — — 7—— – .AC principal Act, as amended by this Act, shali stand transferred to the Chmnai City Civil Court.”. U5y order of the Governor) Secretary to Gov&nment, Law Departmeat. – – —— – — -, . . (c) on or afl.er the 1st day of Dccember 1995, except when the amount or value of the subject mattes of the suit exceeds rupees three lakb in which caw wal – (2-B) All appeals peading in the High Court on the date of publication of the Chentlai City Civil Court (Amendment) Act, 1997 in the Tamil Nadu Govwnmen – – — – . – – – . alue or the subject matter of such appds exceeds one lakh of rupee8 but does not exceed thm: lakhs of rupee8 and which WOUV -~+k:n +he mcni7nnrp nf the Chennai Citv Civi! Court under the provimons nf +I . – A. K. RAJAN, -. . . d. I , 8 ,:I , * \ . – – . . I . . . .. i f . . $ L . I .– — – – – -..- – — ‘””r9C, PY THE DIYr;Ln(& OF fXA’rIONEYY k&D PP.IKv. – — -. iiry – 4 : ,E%!::.IE~~T OF TAMIL NAIIU [Regd. No. TNlPMG (CCR)-2 i712003-05. , 2004 … ” [ Price : Re. 0.80 Paise. – I lr CK* i-.n – — .-.—- 1 TAMIL NADU \’ 7 GOVERNMENT GAZETTE 1 71 CHENNAI, THURSDAY, JANUARY 8, 2004 I Margazhi 24, Subhanu, Thiruvalluvar Aandu-2034 I — -.— – Part IV-Section Tamil Nadu Acts and Ordinances. The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 29th December 2003 and IS hereby published for general informa!ion:- 1 t ACT No. 1 OF 2004. I An Act further to amend the Tamil Nadu Civrl Coi~rts Act. 1873 and the Chennai City Civ~l Court Act; 1892. BE ~t enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the Republic of India as follows.- 1. (1)This Act may be called the Tamil Nadu Civil Courts and the Chennai City Short title and Civil Court (Amendment) Act, 2003. commencement. (2) It shall come into force at once. Centrat Act Ill 2. In the Tamil Nadu Civil Courts Act, 1873,- (1) in section 12,– Amendment of Central Act Ill of 1873 (a) for the first paragraph, the following parayraph shall be substituted, namely:- “The jurrsdictron of e District Judge extends, subject to the rules -. contarned In the Code of Clvrl Procedure, to all orrg~nnl suits and proceedrngs of a crvd nature, of whrch the amount or value of the subje~t matter exceeds five lakh rupees The jurrsdrctrorl of a Subordrnate Judqe extends, subject to the rules contarned In the Code of CIVII Procedure, to all lrke orlcj~nal surts and proceedlnys of whlch the alr~ount or value of tho subject matter uxcecds one Idktl rupees but does not exceed f~ve lakh rupees , (b) in the secorid iidr,lgraph, for the cxpres~rori “!hrrty tllvusand rupees’ tho expresscon ‘one lakh rtrpt?tbs’ sh;tll be sul~s!rlu!t-.d 2 TAMIL NADU GOVERNMENT GAZETTE EXrFiAORDlNARY 4 – — – – – – – -. – – . – – – – . – – — — – – – – – – – – — – — – – (2) after sectlor1 13, t110 following section shall be insortrd namely:– ! “13-A Appeals frorrr decrees of Subo~di~~afe Courts –Appeals from the decrees and orders of Subord~nato Judges, ~f passed on or after the date of tbe cornmencement of ttie Tarn11 Nadu CIVII Courts and the Chennat C~ty Clvll Court (Amendment) Act. 2003, shall, when such appeals are allowed by law, Ile to the I Dlstr~ct Court. Appeals frorn tiecrtlc s ol Drstrrct b