The Gujarat Civil Courts Act, 2005

GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT THE GUJARAT CIVIL COURTS ACT, 2005 (GUJARAT ACT NO. 21 of 2005) of 20 [ As modified upto the 31st December, 2024.] Printed In India by The Sr. Manager, Government Central Press, Gandhinagar, Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar. 2024. [Price : 20.00] GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT THE GUJARAT CIVIL COURTS ACT, 2005 (GUJARAT ACT NO. 21 of 2005) (GUJARACT NO. 21 of 2005) [ As modified upto the 31st December, 2024.] Printed In India by The Sr. Manager, Government Central Press, Gandhinagar, Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar. 2024. [Price : 20.00] G.C.P.G. (H-112-6-24-DTP-2) (ii) © GOVERNMENT CENTRAL PRESS, GANDHINAGAR. (iii) [ 2005 : GUJ.21 THE GUJARAT CIVIL COURTS ACT, 2005 (i) PREAMBLE. CONTENTS Page No. Sections. CHAPTER I. PRELIMINARY. 1. Short title, extent and commencement. 1 2. Definitions. 1 CHAPTER II. ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. 3. Classes of civil courts. 2 4. Establishment of courts of District Judges. 2 5. Establishment of courts of Senior Civil Judges. 2 6. Establishment of courts of Civil Judges. 3 7. Location of civil court. 3 8. Seal of a civil court. 3 9. Existing courts, their location and seals to be deemed to be 3 established, fixed and determined under this Act. 10. Posting of District Judges, Senior Civil Judges and Civil 4 Judges. CHAPTER III. JURISDICTION OF CIVIL COURTS. 11. Local limits of jurisdiction. 4 12. Jurisdiction of a court of District Judge. 4 13. Jurisdiction of a court of Senior Civil Judge. 4 14. Jurisdiction of a court of Civil Judge. 4 14A. Transfer of pending cases. 4 15. Appeals. 4 16. Power to require witness or party to make oath or affirmation. 5 17. Investment of small cause powers to courts of Senior Civil 5 Judges or Civil Judges. 18. Judges not to try suits in which they are interested, etc. 6 19. Application of the Code. 6 (iv) (ii) THE GUJARAT CIVIL COURTS ACT, 2005 2005 : GUJ.21] Sections. Page No. CHAPTER IV. MISCELLANEOUS. 20. Temporary vacancy of office of Principal District Judge. 6 21. Temporary vacancy of office of Principal Senior Civil Judge or 7 Principal Civil Judge. 22. Vacation and holidays. 7 23. Subordination of civil courts. 7 24. Power to invest Senior Civil Judges with jurisdiction under 8 certain Acts. 25. Fees for process. 8 26. Mode of conferring powers. 8 27. Government suits. 8 28. Constitution of consultative committee. 8 29. Power of High Court to make rules. 8 30. Repeal and savings. 9 31. Power to remove difficulties. 10 GUJARAT ACT NO. 21 OF 2005. 1* [THE GUJARAT CIVIL COURTS ACT, 2005.] [ 23rd March, 2005.] Amended by Guj. 7 of 2014. AN ACT to consolidate and amend the law relating to Civil Courts in the State of Gujarat. It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:- CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Gujarat Civil Courts Act, 2005. Short title, extent and (2) It extends to the whole of the State of Gujarat. commencement. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires, - Definitions. (a) "appointed date" means the date appointed under sub-section (3) of section 1; (b) "civil court" means a court of a District Judge, a court of the Senior Civil Judge or a court of Civil Judge; 5 of 1908. (c) "Code" means the Code of Civil Procedure, 1908; (d) "district" means a revenue district or such local area as the State Government may, from time to time, notify to be a district for the purposes of this Act; (e) "Government" means the Government of Gujarat; (f) "High Court" means the High Court of Gujarat; (g) "judicial officer" means a Judge of a court of District Judge, a Judge of a court of Senior Civil Judge or a Judge of a court of a court of Civil Judge; (h) "notification" means a notification published in the Official Gazette; 1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V, dated the 11th March, 2005, Page No. 26-13 to 26-15. * This Act was assented by the Governor on the 23rd March, 2005. 2 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21 (i) "Official Gazette" means Gujarat Government Gazette; (j) "prescribed" means prescribed by rules made under this Act; (k) "service" means the judicial service of the State. CHAPTER II. ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS. Classes of 3. In addition to the courts established under any other law for the civil courts. time being in force, there shall be following classes of civil courts in the State, namely:- (a) court of a District Judge; (b) court of a Senior Civil Judge; (c) court of a Civil Judge. Establishment 4. (1) There shall be established by the State Government, in of courts of consultation with the High Court, by notification, in each district, a court of District Judges. a District Judge. (2) Each court of a District Judge shall be presided over by a Judge to be called the Principal District Judge. (3) (i) When the business pending before a court of a District Judge so requires, the State Government may, in consultation with the High Court, appoint to that court one or more judges to be called as Additional District Judges, for such period as it deems necessary. (ii) The Additional District Judge appointed under this sub- section shall, subject to the general or special orders of the High Court, discharge all or any of the functions of a District Judge under this Act or any other law for the time being in force which the Principal District Judge may assign to him and in the discharge of those functions, he shall exercise all the powers of the court of a District Judge. Establishment 5. (1) There shall be established by the State Government, in of courts of consultation with the High Court, by notification, in each district, a court of Senior Civil Senior Civil Judge: Judges. Provided that the State Government may, in consultation with the High Court establish a court of a Senior Civil Judge for a part of a district and specify the local limits of its jurisdiction. (2) Each court of a Senior Civil Judge shall be presided over by a Judge to be called as Principal Senior Civil Judge. (3) (i) When the business pending before a court of a Senior Civil Judge so requires, the Government may, in consultation with the High Court, fix by notification, the number of judges to be called as Additional Senior Civil Judges, for such period as it deems necessary. (ii) An Additional Senior Civil Judge so appointed shall, subject to the general or special orders of the Principal District Judge, discharge all functions of a Senior Civil Judge under this Act or any other law for the time being in force which the Principal Senior Civil Judge may assign to him and in the discharge of those functions he shall exercise all the powers of Senior Civil Judge. 2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 3 6. (1) There shall be established by the State Government, by Establishment notification, in each district such number of courts of Civil Judges as may be of courts of Civil Judges. fixed by the State Government in consultation with the High Court and specify the local limits of jurisdiction of each such court. (2) Each court of a Civil Judge shall be president over by a Judge to be called as Principal Civil Judge. (3) (i) When the business pending before a court of a Civil Judge so requires, the State Government may, in consultation with the High Court, appoint to that court one or more Judges to be called as Additional Civil Judges for such period as it deems necessary. (ii) An Additional Civil Judge so appointed shall, subject to the general or special orders of the Principal District Judge, discharge all the functions of a Civil Judge under this Act or any other law for the time being in force which the Principal Civil Judge may assign to him and in the discharge of those functions he shall exercise all the powers of a Civil Judge. 7. (1) The place or places, at which every civil court under this Act Location of shall be held, shall be fixed, and may from time to time, be altered by the civil court. State Government, in consultation with the High Court. (2) The place or places so fixed for a civil court under sub-section (1) may be within or outside the local limits of the jurisdiction of that court. 8. Every civil court under this Act shall use a seal which shall bear Seal of a civil thereon the State Emblem and shall be, in such form, of such dimensions and court. with the name of the court in such language or languages, as the High Court may, in consultation with the State Government, by order, determine. 9. (1) The Courts of District Judges, existing immediately prior to the Existing courts, appointed date, shall, with effect from the appointed date, be deemed to be their location and seals to be Courts of District Judges established under this Act. deemed to be (2) The Courts of Civil Judge (Senior Division), existing immediately established, fixed and prior to the appointed date shall, with effect from the appointed date, be determined deemed to be Courts of Senior Civil Judges established under this Act. under this Act. (3) The Courts of Civil Judge (Junior Division) existing immediately prior to the appointed date shall, with effect from the appointed date, be deemed to be Courts of Civil Judges established under this Act. (4) The place at which a civil court deemed to be established under sub-sections (1) to (3) is being held immediately prior to the appointed date shall be deemed to be the place fixed under said sub-section (1) of section 7. (5) The seal in use, in a civil court deemed to be detetmined under sub-sections (1) to (3), immediately prior to the appointed date may continue to be used until an order is made by the High Court under section 8. 4 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21 Posting of 10. (1) No person other than a person belonging to the cadre of District Judges, District Judge in the judicial service of the State of Gujarat shall be eligible Senior Civil to be posted as a Principal District Judge or as an Additional District Judge. Judges and Civil Judges. (2) No person other than a person belonging to the cadre of Senior Civil Judge in the judicial service of the State of Gujarat shall be eligible to be posted as a Principal Senior Civil Judge or as an Additional Senior Civil Judge. (3) No person other than a person belonging to the cadre of Civil Judge in the judicial service of the State of Gujarat shall be eligible to be posted as a Principal Civil Judge or as an Additional Civil Judge. CHAPTER III. JURISDICTION OF CIVIL COURTS. Local limits 11. (1) The State Government may, in consultation with the High of jurisdiction. Court, by notification, fix and vary, from time to time, the local limits of jurisduction of any civil court under this Act. (2) The local limits of jurisduction of a civil court, existing immediately prior to the appointed date, shall be deemed to be the local limits of juruduction of that court. Jurisdiction 12. (1) A Court of District Judge shall be the principal civil court of of a court of original jurisdiction within the local limits of its jurisduction. District (2) Subject to the provisions of the Code, the jurisduction of a Judge. court of District Judge shall extend to all original suits and proceedings of a civil nature. (3) A Court of District Judge shall, subject to the general control of the High Court, have control over all other civil courts within the local limits of its jurisduction. Jurisdiction 13. The jurisdiction of the court of a Senior Civil Judge shall extend of a court to all original suits and proceedings of a civil nature, subject to such rules as of Senior the High Court may, from time to time make in this behalf. Civil Judge. Jurisdiction 14. The Jurisdiction of a Court of Civil Judge shall extend to all of a court of original suits and proceedings of a civil nature, not otherwise excluded from Civil Judge. the jurisdiction of a Court of Civil Judge by any other law, the value of the subject matter of which does not exceed two lakh rupees 1[or such other sum as the High Court may, by notification, from time to time specify.] Transfer of 2[14A. All suits and proceedings of a civil nature wherein the subject pending cases. matter exceeds in amount or value of two lakhs rupees but does not exceed the value or amount as may be specified by the High Court, by notification, from time to time under section 14, pending in a Court of Senior Civil Judge shall, after such specification by notification, stand transferred to and be disposed of by a Civil Judge within the local limits of his ordinary jurisdiction.] Appeals. 15. (1) Appeals from the decrees and orders passed by a Court of District Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie to the High Court. (2) Appeals from the decrees and orders passed by a Court of Senior Civil Judge in original suits and proceedings of civil nature shall, when such appeals are allowed by law, lie- 1. These words were substituted for the words “or such other sum as the High Court may, from time to time specify” by Guj. 7 of 2014, s. 2. 2. Section 14A was inserted, ibid., s. 3. 2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 5 (a) to the Court of the District Judge of the district when the amount or value of the subject matter of the original suit or proceedings is less than five lakhs of rupees 1[or such other sum as the High Court may, by notification, from time to time, specify]; (b) to the High Court in other cases. (3) Appeals from the decres and orders passed by a Court of Civil Judge in suits or proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the Court of District Judge of the district: Provided that the High Court may, in consultation with the State Government, by notification, direct that such appeals against decrees and orders may lie to the Court of Senior Civil Judge when the amount or value of the subject matter of the suit or proceeding is less than one lakh of rupees and thereupon appeals shall be preferred accordingly. (4) The provisions of this section will apply to all decrees and orders made after the appointed date irrespective of the fact whether the suits or proceedings in which they are made were instituted before or after the appointed date. 16. Every civil court under this Act shall require a witness or party to Power to require any suit or other proceedings pending in such court to make such oath or witness or party to make affirmation as is prescribed by the law for the time being in force. oath or affirmantion. 17. (1) The High Court may, by notification, invest, with such Investment of restrictions as it shall from time to time determine, any Court of Senior small cause powers to Civil Judge or a Court of Civil Judge, with the jurisdiction for the trial of courts of suits cognizable by a Court of Small Causes established under the Provincial Senior Civil 9 of 1887. Small Cause Courts Act, 1887 upto such amount as it may deem proper. Judges or Civil Judges. (2) The High Court may, by notification withdraw or alter whenever it thinks fit such jurisdiction of any Court of Senior Civil Judge or Civil Judge, so invested. 9 of 1887. (3) (a) The provosions of the Provincial Small Cause Courts Act, 1887 applicable to Courts of Small Causes, shall apply to a court invested under sub-section (1) with the jurisdiction of a Court of Small Causes, so far as the exercise of that jurisdiction by those courts. (b) Nothing in sub-clause (a) shall, with respect to the courts invested with the jurisdiction of a court of Small Causes, apply to suits instituted or proceedings commenced in those courts prior to the date on which they were invested with that jurisdiction. 1. These words were substituted for the words “or such other sum as the High Court may, from time to time, specify” by Guj. 7 of 2014, s.4. 6 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21 (4) A court invested with the jurisdiction of a Court of Small Causes under sub-section (1) with respect to the exercise of that jurisdiction and the same court with respect to the exercise of its jurisdiction in suits of civil nature which are not cognizable by a Court of Small Causes shall, for the purposes of this Act and the Code be deemed to be different courts. (5) Notwithstanding anything contained in this Act- (a) when in the exercise of the jurisdiction of a Court of Small Causes, a court invested with that jurisdiction sends a decree for execution to itself as a court having jurisdiction in suits of a civil nature, which are not cognizable by a Court of Samll Causes, or (b) when a court in the exercise of its jurisdiction in suits of a civil nature, which are not cognizable by a Court of Samll Causes sends a decree for execution to itself as a court invested with the jurisdiction of a Court of Small Causes. the documants mentioned in rule 6 of Order XXI of the Code shall not be sent with the decree unless in any case the court, by order in writing requires them to be sent. Judge not to 18. (1) No judicial officer shall try any suit in which he is a party or try suits in personally interested or shall adjudicate upon any proceedings connected which they are with or arising out of such suit. interested, etc. (2) No Judicial officer shall try any appeal against any decree or order passed by himself in any other capacity. (3) When any such suit, proceedings or appeal referred to in sub- sections (1) and (2) comes before any such judicial officer, he shall report the circumstances to the court to which he is immediately subordinate. The said superior court shall thereupon dispose of the case in the manner prescribed by section 24 of the Code. Application 19. The procedure prescribed in the Code shall, save in so far as is of the Code. otherwise provided by this Act, be followed in all civil courts. CHAPTER IV. MISCELLANEOUS. Temporary 20. In the event of the death of the Principal District Judge or of his vacancy of being prevented from performing his duties by illness or otherwise or of his office of Principal absence on leave from the station in which his court is held, the Additional District Judge. District Judge of the district and if there are more than one Additional District Judges, the senior most among them and if there is no Additional District Judge in the district, the senior most Senior Civil Judge in the district, shall, without interruption to his ordinary duties assume charge of the office of the Court of Principal District Judge and while so in charge perform the duties of the Principal District Judge with respect to the filing of the suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall continue in charge of the said court until the same is resumed by a judge duly posted thereto. 2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 7 21. In the event of death, suspension or temporary absence of any Temporary Principal Senior Civil Judge or Principal Civil Judge, the Principal District vacancy of office of Judge may empower any Senior Civil Judge or Civil Judge in the district to Principal perform such duties of such Principal Senior Civil Judge or Principal Civil Senior Civil Judge, as the case may be, as specified in section 20 either at the place of Judge or such court or of his own court, but in every such case the registers and Principal Civil Judge. records of the two courts shall be kept distinct. 22. (1) The civil courts in the State shall be closed on such days as Vacation and may be notified by the High Court as public holidays for the whole State or holidays. for such area in the State. (2) The civil courts in the State shall have such number of vacations in each year as the High Court may declare but the total number of days of such vacations shall not exceed thirty days. (3) Notwithstanding anything contained in this Act or in the Code, the High Court, may, by general or special order appoint the Principal District Judge or an Addditional District Judge or a Senior Civil Judge as vacation judge for the District and for the duration of the adjournment of the court of Principal District Judge in any vacation or any part thereof and regulate the work to be discharged by the vacation judge. (4) The local limits of jurisdiction of the vacation judge shall be the same as those of the Court of Principal District Judge concerned and his jurisdiction shall extend to all suits, appeals and other proceedings pending in or cognizable by any civil court in the district concerned. (5) The vacation judge shall hold his court at the place at which court of Principal District Judge is normally held and he shall have administrative control over all the staff of all civil courts in the district. (6) Notwithstanding the appointment of a vacation judge every civil court in the district shall, during the period it is adjourned for any vacation, be deemed to be closed for the purpose of section 4 of the Limitation Act, 36 of 1963. 1963. (7) On the reopening of any civil court after any vacation all suits, appeals and other proceedings pending before the vacation judge shall stand transferred to the civil court concerned in which it would have been instituted or pending but for the appointment of the vacation judge any decree, order or proceedings passed by the vacation judge shall be deemed to be a decree, order or proceedings passed by the court concerned. 23. (1) Subject to the other provisions of this Act and the rules and any Subordination other law for the time being in force, all civil courts in a district including of civil courts. the staff thereof shall, subject to the control of the High Court, be subordinate to the Court of District Judge. (2) The civil courts shall maintain such forms, books of accounts, records, registers and the like as may be specified by the High Court in consultation with the State Government. 8 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21 (3) The State Government may, for discharging its functions and responsibilities, require, though the High Court, the civil courts to furnish to the Government such particulars and information relating to the working of the courts and other matters as may be called for from time to time. Power to 24. (1) The High Court may by general or special order invest any invest Senior Senior Civil Judge, within such local limits and subject to such pecuniary Civil Judges limitation as may be specified in such order, with all or any of the powers of with jurisdiction a District Judge or a Court of District Judge, as the case may be, under the 4 of 1869. under certain 39 of 1925. Acts. Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act, 43 of 1954. 1954, or the Guardians and Wards Act, 1890. 8 of 1890. (2) Every order made by a Senior Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to an appeal to the High Court where the amount or value of the subject matter exceeds rupees five lakhs or to the Court of District Judge where the amount or value of the subject matter does not exceed rupees five lakhs. (3) Every order of a Court of District Judge passed on appeal under sub- section (2) from the order of a Senior Civil Judge shall be subject to an appeal to the High Court under the rules contained in the Code applicable to appeals from appellate decrees. Fees for 25. The High Court shall from time to time, with the sanction of the process. State Government, prescribe and regulate by rules, the fees to be taken for any process issued by any civil court. Such rules may provide for payment of process fee in a lump sum in advance alongwith the plaint. Mode of 26. Except as otherwise provided any powers that may be conferred by conferring the High Court on any person under this Act may be conferred on such powers. person either by name or by virtue of office. Government 27. (1) No subordinate court other than the court of a Senior Civil suits. Judge and no Court of Small Cause shall receive or register any suit in which the Government or any officer of the Government in his official capacity is a party. (2) In every such case, the plaintiff shall be referred to the court of the Senior Civil Judge. Such suit shall be instituted only in the court of the Senior Civil Judge and shall be heard by such Senior Civil Judge subject to the provisions of section 24 of the Code. Constitution 28. The High Court shall constitute a consultative committee for each of consultative district, consisting of such number of members and in such manner as may committee. be prescribed, for making suggestions for the infrastructural facilities in the courts, improvement of work culture, co-ordination between the bar, bench and other authorities and for the matter incidental thereto. Power of 29. (1) The High Court may, after previous publication, by notification, High Court make rules for carrying out the purposes of this Act. to make rules. 2005 : Guj. 21] The Gujarat Civil Courts Act, 2005. 9 (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) the manner in which the proceedings of each civil court shall be kept and recorded; (b) regulating the grant of certified copies of papers in civil court; (c) regulating the duties and functions of the ministerial officers of the civil courts; (d) regulating the issue of licenses by the Principal District Judge of the district to persons to act as petition writers in civil courts in that district and the conduct of business by them and the scale of fees to be charged by them; (e) providing a penalty of such amount not exceeding five hundred rupees for breach of the rules made under clause (d) and the authority who could investigate the breach of rules and purpose the penalty; (f) forms, books, registers, records and accounts to be maintained by the civil courts; (g) payment of process fees in lump sum in advance alongwith the plaint or otherwise; (h) the manner in which a consultative committee may be constituted for each district; (i) any other matter, not incosistent with the provisions of this Act which, in the opinion of the High Court, may be prescribed for the effective enforcement of the Act. 30. (1) On and from the appointed date the Bombay Civil Courts Act, Repeal and Bom. XIV of 1869. 1869, in its application to the State of Gujarat, shall stand repealed. savings. (2) Such repeal shall not affect the previous operation of the enactment so repealed and any thing done or any action taken including the districts formed, limits defined, courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdiction defined or vested and notifications or notices issued by or under the provisions of the said Act and deemed to have been done or taken under the provisions thereof shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act. 10 The Gujarat Civil Courts Act, 2005. [2005 : Guj. 21 (3) Notwithunderstanding anything contained in sub-section (1) or any other provisions of this Act or in the enactment repealed by sub-section (1) or in any other law or provision having the force of law, all suits, appeals and proceedings connected therewith, pending before any court, which under this Act have to be instituted or commenced in another court, shall, on the appointed day, stand transferred to such other court and shall be continued and disposed of by such other court in accordance with law as if such suit and proceedings had been instituted or commenced in such other court under this Act. (4) If there be any doubt as to which court any suit, appeal or proceedings shall stand transferred or as to which court any appeal shall be preferred in accordance with the provisions of this Act the court designated by the High Court shall be the court to which such suit, appeal or proceedings shall be transferred or such appeal shall be preferred, and the decision of the High Court shall be final. (5) Notwithstanding such repeal, the provisions of section 7 of the Bombay General Clauses Act, 1904 shall apply in relation to the repeal of Bom. 1 of 1904. the Bombay Civil Courts Act, 1869 as if the Act had been an enactment Bom. XIV of 1869. within the meaning of the said section 7. Power to 31. (1) If any difficulty arises in giving effect to the provisions of this remove Act in consequence of the transition to the said provisions from the difficulties. provisions of any enactment or law in force ammediately before the commencement of this Act, the State Government in consultation with the High Court may by notification; make such provisions as appear to it to be necessary or expedient for removing the difficulty. (2) No such notification shall be issued after expiry of two years from the date of commencement of this Act. ----------- Government Central Press, Gandhinagar. -----