22. Power to transfer to Subordinate Judges appeals from Munsifs.—(1)A District Judge may
transfer to any Subordinate Judge under his administrative control any appeals pending before him from
the decrees or orders of Munsifs.
(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it
himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subj ect to the rules
applicable to like appeals when disposed of by the District Judge.
1
23. Exercise by Subordinate Judge or Munsif of jurisdiction of district Court in certain
proceedings.—(1) TheHigh Court may, by general or special order, authorize any Subordinate
Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or
Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any
class of those proceedings specified in the order.
1. S. 23 does not apply to Honorary Munsifs and Benches in the U. P.: see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of
1896), s. 13.
14
(2) The proceedings referred to in sub-section (1) are the following, namely:—
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City
Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons
dying intestate);
1
* * * * *
2
* * * * *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865), 3
and the Probate and
Administration Act, 1881 (5 of 1881)4 which cannot be disposed of by District Delegates;and
(e)references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882).4
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to,
a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under
his administrative control competent to dispose of them.
STATE AMENDMENT
Assam
Amendment of section 23.—In sub-section (2) of section 23 of the said Act, --
(1) in clause (d) for the words and figures “the Indian Succession Act, 1865, and the Probate and
Administration Act, 1881”, the words and figures “the Indian Succession Act, 1925”, shall be
substituted; and
(2) in clause (e), for the word and figures “section 322C”, the words “paragraph 5 of the Third
Scheduled “ shall be substituted and after the words “Code of Civil Procedure” the figure “1908”
shall be added.
[Vide Assam Act 6 of 1935, s. 6]
STATE AMENDMENT
Bihar
Amendment of Section 23 of Act XII of 1887.— In sub-section (2) Section 23 of the said Act,—
(i) in clause (d), for the words and figures “the Indian Succession Act, 1865, and the probate and
Administration Act, 1881”. The words and figures “the Indian Succession Act, 1925” shall be substituted
; and
(ii) clause (e) shall be omitted.
[Vide Bihar Act 12 of 1960, s. 5]
5
24. Disposal of proceedings referred to in last foregoing section.—(1) Proceedings taken
cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under
thelast foregoing section shall be disposed of by him subject to the rules applicable to like
proceedings when disposed of by the District Judge:
Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the District
Judge.
1. Clause (b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 rep. by Act 8 of 1890, s. 2 and Sch.
2. Clause (c)relating to applications for certificates under Act 27 of 1860 was rep. by Act 7 of 1889.
3. See now the Indian Succession Act, 1925 (39 of 1925). In Bengal and Assam, this cl. has been formally amended by Ben. Act
19 of 1935 and Assani Act 6 of 1935, respectively.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of
1935 and formally amended in Assam by Assam Act 6 of 1935.
5. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of
1896), s. 13.
15
(2)An appeal from the order of the District Judge on the appeal from the order of a munsif under this
section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the
law for the time being in force.
1
25. Power to invest Subordinate Judges and Munsifs with Small Cause Court
Jurisdiction.—The State Government may, by notification in the Official Gazett e, confer, within
such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a
Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887)
for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred2
rupees in the case of a Subordinate Judge or 3
[two hundred and fifty4
rupees] in the case of a
Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
4
[Provided that the State Government may, by notification in the Official Gazette, delegate to the
High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.—In section 25 of the said Act, for the words "five hundred rupees", the
words "seven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words
"three hundred rupees" shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
Amendment of section 25.—For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the
following section shall be substituted, namely:--
“25. The State Government may, by notification in the Gazette, confer within such local limits as
it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes
under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Courts,
up to such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee
in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
Provided that the State Government may, by notification in the Gazette delegate to the High
Court its powers under this section.”
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts
Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof,
and—
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be
substituted, namely :–
‘‘Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of
section 15 of the said Act the references in this sub-section to one thousand rupees and five
hundred rupees shall be construed respectively as references to five thousand rupees and one
thousand rupees.’’ ;
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :–
‘‘(2) The State Government may by notification in the official Gazette, confer upon any
District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of
1935 and formally amended in Assam by Assam Act 6 of 1935.
2. In Bengal and Assam the limits are seven hundred and fifty and three hundred, respectively: see Ben. Act 19 of 1935 and
Assam Act 6 of 1935.
3. Subs. by Act 16 of 1911, s. 4, for “one hundred rupees”.
4. Ins. by 4 of 1914, s. 2 and Sch., Pt. I.
16
under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their
value), by the lesser for the eviction of a lessee from a building after the determination of his
lease, or for the recovery from him of rent in respect of the period of occupation thereof during
the continuance of the lease or of compensation for the use and occupation thereof after such
determination of lease, and may withdraw any jurisdiction so conferred.
Explanation— For the purposes of this sub-section, the expression ‘building’ has the same
meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High
Court its powers under this section.’’
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Amendment of section 25.— In section 25 of the principal Act, in sub-section (1) as amended from time
to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand
rupees" and "one thousand rupees" shall respectively be substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972 (U.P
Act 37 of 1972), the following proviso shall be substituted, namely :-
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of
section 15 of the said Act the reference in this sub-section to two thousand rupees and one
thousand rupees shall be construed respectively as references to five thousand rupees and two
thousand rupees."
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Amendment of section 25.—In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted,
namely :–
"(1) The High Court may by notification in the official Gazette, confer
within such local limits as it thinks fit, upon any Civil Judge or Munsif the
jurisdiction of a Judge of a Court of Small Causes under the Provincial Small
Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to
such value not exceeding five thousand rupees as it thinks fit and may
withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to
sub-section (2) of section 15 of the said Act, the reference in this sub-section to
five thousand rupees shall be construed as reference to twenty five thousand
rupees.";
(b) in sub-section (2), for the words "State Government" the word "High Court"
shall be substituted ;
(c) sub-section (3) shall be omitted
[Vide Uttar Pradesh Act 17 of 1991, s. 5]
Uttar Pradesh
Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar
Pradesh shall be re-numbered as sub-section (1) thereof, and—
“Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section
15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall
be constructed respectively as references to five thousand rupees and one thousand rupees.”
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :—
17
“(2) The State Government may by notification in the official Gazette confer upon any District
Judge or Additional District Judge the jurisdiction of a Judge of a Court Act, 1887, for the trial of all
suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the
determination of his lease, or for the recovery from him of rent in respect of the period of occupation
thereof during the continuance of the lease or of compensation for the use and occupation thereof
after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation—For the purpose of this sub-section, the expression ‘building’ has the same
meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court
its powers under this section.”
[Vide Uttar Pradesh Act 37 of 1972, s. 5 ]
Bihar
Amendment of Section 25 of Act XII of 1887. - In Section 25 of the said Act, for the words "five
hundred rupees", the words "seven hundred and fifty rupees" and for the words "two hundred and fifty
rupees", the words "three hundred rupees" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 6]