3. Classes of Courts.—Thereshall be the following classes of Civil Courts under this Act, namely:—
(1) the Court of the District Judge;
(2) the Court of the Additional Judge;
(3) the Court of the Subordinate Judge; and
(4) the Court of the Munsif.
STATE AMENDMENT
Bihar
Amendment in Section-3 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act 12 of
1887).- In Bengal, Agra and Assam Civil Courts Act 1887 (Act, 12 of 1887) (herein after referred to as
the said Act) in Clause-(3) of Section-3 for the words "Subordinate Judge" words and bracket "Civil
Judge (Senior Division)" and in Clause (4) for the words "Munsif " the words and bracket "Civil Judge
(Junior Division)" shall be substituted"
[Vide Bihar Act 14 of 2014, s. 2]
1
[4. Number of District Judges, Subordinate Judges and Munsifs.—The State Government may
alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]
5.[Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule,
PartI.
6.Vacancies among District or Subordinate Judges.—(1) Wheneverthe office of District
Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or
other cause, or whenever 2
(an increase in the number of District or Subordinate Judges has been
made under the provisions of section 4], the 3
[State Government or, as the case may be, the High
Court] may fill up the vacancy or appoint the additional District Judges or Subordinate Judges
4
***.
(2) Nothing in this section shall be construed to prevent a State Government from appointing a
District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the
functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions
of another District Judge or Subordinate Judge, as the case may be.
Uttar Pradesh
Amendment of section 6 of Act XII of 1887.—In section 6 of the Bengal, Agra and Assam Civil
Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub-section (2), for
the words “state Government” the words “High Court” shall be substituted.
[Vide Uttar Pradesh Act 17 of 1991, s. 2]
7.[Vacancies among Munsifs.]Rep.by the A. O. 1937.
8.Additional Judges.—(1) When the business pending before any District Judge requires the aid
of Additional Judges for its speedy disposal, the State Government may, 5
[having consulted] the High
Court 6
***, appoint such Additional Judges as may be requisite.
1. Subs. by 38 of 1920, s. 2 and the First Schedule, for section 4.
2. Subs. by s. 2 and the First Schedule, ibid.,for “the G.G. in C. has sanctioned an increase of the number of District Judges or
Subordinate Judges”.
3. Subs. by the A. O. 1937, for “L. G.”.
4. The words “as the case may be”rep., ibid.
5. Subs., ibid.,for “upon the recommendation of”.
6. The words “and with the previous sanction of the G. G. in C.”rep. by Act 16 of 1911, s. 3.
5
(2)Additional Judges so appointed shall discharge any of the functions of a District Judge which the
District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same
powers as the District Judge.
9.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.
10. Temporary charge of District Court.—(1) In the event of the death, resignation or removal
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 place at which his Court is held, the Additional Judge, or, if an
Additional Judge is not present at that place, the senior SubordinateJudge present thereat, shall,
without relinquishing his ordinary duties, assume charge of the office of the District Judge, and that
continue in charge 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, the Additional Judge or Subordinate Judge, as
the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of
the powers of the District Judge.
11. Transfer of proceedings on vacation of office of Subordinate Judge.—(1) In the event of
the death, resignation or removal of a Subordinate 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 District Judge may transfer all or any of the proceedings pending in the Court of the
Subordinate Judge either to his own Court or to any Court under his administrative control competent
to dispose of them.
(2) Proceedings transferred under sub-section (1)shall be disposed of as if they had been instituted in
the Court to which they are so transferred:
(3) Provided that the District Judge may re-transfer to the Court of the Subordinate Judge or his
successor any proceedings transferred under sub-section (1)to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge
on the occurrence of an event referred to in sub-section (1),and with respect to which that Court has
exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
12. [Temporary charge of office of Munsif.]Rep. by the A.O. 1937.
STATE AMENDMENT
Uttar Pradesh
Amendment of Act no. 12 of 1887.— In the Bengal, Agra and Assam Civil Courts Act,
1887hereinafter referred to as the principal Act,—
(a) in Section 3, 4, 6, 10, 11, 13, 18, 21, 22, 23, 24 and 25, for the words ‘‘Civil
Judge’’ and ‘‘Civil Judges’’ wherever occurring, the words ‘‘Civil Judge (Senior Division)’’
and ‘‘CivilJudges (Senior Division)’’ shall respectively be substituted;
(b) in Sections 3, 4, 13, 19, 21, 22, 23, 24 and 25, for the words ‘‘Munsif’’ an
‘‘Munsifs’’ wherever occurring, the words ‘‘Civil Judge (Junior Division)’’ and ‘‘Civil
Judges (Junior Division)’’ shall respectively be substituted;
(c) for the existing marginal headings to the sections shown in Column I of the table below,
the marginal headings as shown in Column II thereof shall be substituted, namely :—
Section Marginal headings as hereby substituted
4 Number of District Judges; Civil Judges (Senior
Division) and Civil Judges (Junior Division)
6 Vacancies among District or Civil Judge (SeniorDivision)
6
11 Transfer of proceedings on vacation of office of CivilJudge (Senior
Division)
18 Extent of original jurisdiction of District or Civil Judge
(Senior Division)
19 Extent of jurisdiction of Civil Judge (Junior Division)
21 Appeals from Civil Judges (Senior Division) and Civil
Judges (Junior Division)
22 Power to transfer to Civil Judges (Senior Division)appeal from Civil
Judges (Junior Division)
23 Exercise by Civil Judge (Senior Division) or CivilJudge (Junior division)
of jurisdiction of District Court in certain proceedings.
25 Power to invest Civil Judges (Senior Division) andCivil Judges (Junior
Division) with Small Cause Court Jurisdiction.
[Vide Uttar Pradesh Act 25 of 1995, s. 2]
Bihar
Amendment of section 12 of 1887.— In the said Act, the word "Subordinate Judge" and the word
"Munsif" wherever used shall be substituted by the words and bracket "Civil Judge (Senior Division)"
and "Civil Judge (Junior Division)" respectively.
[Vide Bihar Act 14 of 2014, s. 3]
13. Power to fix local limits of jurisdiction of Courts.—(1)The State Government may, by
notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court
under this Act.
(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more
Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate
Judge or Munsif, as the case may be, as, subject to any General or special orders of the High Court, he
thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under subsection (2) to one of two or more Subordinate Judges, or to one of two or more Munsifs, a decree or
order passed by the Subordinate Judge or Munsif 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 if that place is
within the local limits fixed by the State Government under sub-section (1).
(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a
Subordinate Judge or Munsif, as the case may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to
have been fixed under this section.
14. Place of sitting of Courts.—(1)The State Government may, by notification inthe Official
Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
(2)All places at which any such Courts are now held shall be deemed to have been fixed under this
section.
15. Vacations of Courts.—(1) Subject to such orders as may be made 1
*** 2
[*** by theState
Government 3
***] the High Court shall prepare a list of days to be observed in each year as close
holidays in the Civil Courts.
(2) The list shall be published in the official Gazette.
1. The words “by the G.G. in C., in the case of the High Court at Calcutta, and”rep. by the A.O. 1937.
2. Ins. by Act 38 of 1920, s. 2 and the First Schedule.
3. The words “in other cases” rep. by the A.O. 1937.
7
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason
only of its having been done on that day.
16. Seals of Courts.—Every Civil Court under this Act shall use a seal of such form and dimensions
as are prescribed by the State Government.
17. Continuance of proceeding of Courts ceasing to have jurisdiction.—(1) Where any
Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any
case, any proceeding in relation 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.
(2)Nothing in this section applies to cases for which provision is made in section 623 or
section 649 of the Code of Civil Procedure 1
(14 of 1882) or in any other enactment for the
time being in force.
STATE AMENDMENT
Assam
Amendment of section 17.—In sub-section (2) of section 17 of the said Act, for the words and
figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections
36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall
be substituted.
[Vide Assam Act 6 of 1935, s. 3]
Bihar
Amendment of Section 17 of Act XII of 1887.— In sub-section (2) of Section 17 of the Bengal,
Agra and Assam Civil Courts Act, 1887 (XII of 1887) (hereinafter referred to as the said Act), for the
words and figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures
"in Sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure,
1908" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 2]