The Sikkim Civil Courts Act 1978

c\/ G E R f\l M E t..J~T GAZETTE EXTRAORDINARY PUBUSHED BY AUTHORITY No. 43 Gangtok, Monday, April 3, 1978 LEGISLATIVE DEPARTMENT·' NOTIFICATION No. 9/LLf78 Dated Gangtok, the 3rd April, 1978. - ~. . The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 3I st day of March, 1978 is hereby published for geriercil information. ..: SIKKIM ACT NO.9 OF 1978 THE SIKKIM CIVIL COURTS ACT, 1978 AN ACT to consolidate the law relating to Civil Courts subordinate to the High Court in the State of Sikkim. WHEREAS it is expedient to consolidate. the law :relati?gto. Civil Courts subordinate to the High Court in the State of Sikkim , . .... It is hereby enacted in the Twenty-ninth Year of the Republic ofIndia by the Legislature of Sikkim as follows:- '. CHAPTER I. PRELIMINARY Short title and COnJ,~jell- I. (1) This Act may be called the Sikkim Civil Courts Act, 1978. cement, (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint, CHAPTER II. CONSTITUTION OF CIVIL COURTS Classes if Courts, 2. Besides the High Court and the Courts constituted under any other law for the time being in force, there shall be the following classes of Civil Courts, namely:- (1) the Court of the District Judge j (2) the Court of the Additional District Judge; and (3) the Court of the Civil Judge. Number if judses, 3. The State Government may increase or otherwise alter the number of the District Judge, the Additional District Judge and the Civil Judge now fixed. Vacancies amons Dis- 4. (I) Whenever the office of anyJudge is vacant by reason of the death, trict or Civil judses. resignation, removal of the Judge or other cause, or whenever an increase in the number of Judge or Judges has been made under the provisions of Section 3, the High Court or, as the case may be, the State Government may fill up the vacancy.or make the appointments. (2) Nothing in this Section shall prevent the State Government from appointing a Civil Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such Civil Judge, all or any ofthe functions of the Court of any other Civil Judge. ( 2 ) Additional District Judge. 5. (I). If by reason of any increase in the business in the Court of the District Judge or for any other reason, the State Government thinks fit so tc,t-h do, it may, in consultation with the High Court, appoint such Additiona( District Judges as may be requisite, in accordance with· the provisions of Article 233 of the Constitution of India. (2) Additional District Judges so appointed shall discharge any of the functions of the District Judge which the District Judge may assign to them and, in the discharge of those functions, shall exercise the same powers as the District Judge. Administrative Control 6. Subject to the provisions of the Constitution of India, the District Judge if courts. shall have administrative control over all the Civil Courts under this Act. Temporary chaTge if the 7. (I) In the event of the death, reSignation or removal of the District District Court. Judge, or 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 senior Additional District Judge present thereat, or, if an Additional District Judge is not present at that place, the Senior Civil Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge and shall continue in charge thereof untill the office isresumed by the District Judge or assumed by an officer appointed thereto. (2) While in charge of the office of the District Judge, the Addi- tional District Judge or the Civil Judge, as the case m<lybe, m1y, subject to any rules and to any general or special direction which the High Court mly make in this behalf, exercise any of the powers of the District Judge. Tranif'er if proceeding 8. (I) In the event of the death, resignation or removal of an Additional on vacation if cifficc (f Distr-ict Judge, or his being incapacitated by illness or otherwise for the per- Additional District Judge. formance of his duties, or 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 Additional District Judge either to his own Court or to the Court . of any other Additional District Judge. (2) The District Judge may re-transfer to the Court of the Addi- tional District Judge, or his successor any proceeding transferred under sub- section (1) to his own Court or the Court of any other Additional District Judge . ..Tranif'er to proceedings .9. (1) IIIthe event of the death, resignation or removal of a Civil Judge, C?T va~ation cif cjJiCe if or of his being incapacitated by illness. or otherwise for the performance of .·Civiljridge. his duties, or of his absence from the place at which his Court is held, the Dis- trict Judge· may transfer all or any of the proceedings pending in the Court of the Civil Judge either to his own Court or to any Court under his administra- tive control competent to dispose of them. (2) Proceedings transferred under sub-section (I) shall be disposed of as if they had been instituted in the Court to which they are so transferred. (3) The District Judge may re-transfer to the Court of the Civil Judge or his successor any proceedings transferred under sub-section (I) to his own or any other Court. (4) For the purpose of proceedings which are not pending in the Court of the Civil Judge and with respect of which that Court has exclusive jurisdic- tion, the District Judge may exercise all or any of the jurisdiction of that Court on the occurrence of an event referred to in sub-section (I). Power tofix local limits 10. (r) The State Govt. may, in consultation with the High Court, c!fjurisdiction c!fCourts. .by notification on the official Gazette, fix arid alter the local limits of the Juris- diction of any Civil Court under -this Act. (2) If the same local jurisdiction is as~igned to two or more Civil Judges, the District Judge may, subject to any general or special orders of the High Court, assign to each of them such Civi 1business cognizable by a Civil Judge and arising from such local area within the local jurisdiction, as he ~hi~J<s fit. (3) When civil business arising in any local area i~assigned by the District Judge under sub-section (2) to one Or two or more Civil Judges, a dec- ree or order passed by the Civil Judge shall not. be invalid by reason onl of I I I 1 I I I I 11 I . I II . (4J 'The present iocallin~ii:s of.tl-ie jurisdiction of every Civil Court under-th.s Act shall he deemedtohave been fixed under this Section. flacfcif sit~ing if Courts. II. (I). The State (;overnmcnt 1!l1Y,i:l'consultation with the High Court, by notification in the OFficii!lGazette, fix ana/alter the place or places at which an' Civil Court under this Act is to be herd. , .(2) All places atwhicI~ any-such C~urts are now held shall be deemed to have been fixed under this Section;"; .-.' .' to 12;( 1) ·Tl~e days be observed in ej~;h year as closed holidays in the Civil Courts unclerthis Act shall be in aeeord mce with the list as may be pre- pared by the HighC rurt for the purpose. . ., (2) The [istshal] be published in the Official Gazette. (3) A judicial act done by a Civil Court on a dly specified in the list shall not be invalid by reason only of its having been/done on that day. Seals q/Courts. 13. (r) Every Civil Court under this Act-shall use a seal of such form and dimension as are prescribed by the High ·Court.'. (2) Until seals are prescribed undersub-section (r) the Civil Courts under this Act shall continue to use 'such. seals asare now used by such Courts. .·CoI)tjnuance if procee- 14. (I) Where any Ci\'ilCOli~+\'1l1derthis Act: :has from any caus-J:cea~;ed d .:,(f{rJi;. Court Ceasing to to have jurisdiction with respect to-any case, anyp roceeding in relation to that na~e jur!sdiction. case which, if that Court'had not 'ceased to have ju'.:!-isdiction, might have had therein, .may be had in ,the'court to which -the business of the former Court hag been transferred. ....-.....~'-'''''' (2) Nothing in this Section applied to cases for which provisions have been or are made in any other law for the time being in force . ..q-IAPJ:E,I.l- .III. JURISDIC'flON'tiF C6URTS if Extend original juris- . IS' "Save as otherwise provided in any law for the time bei.ng in force, the r1 diction District judge. Jurisdiction of c..District Judge extends to aU original suits for the time being cognizable by Civil Courts . Extent if jurisdiction if· ..16.. (1) Save as aforesaid and subject to the provisions of sub-section (2), civil judge. ..the jurisdiction of a Civil Judge shall extend coall suits of which the value does not exceed ten thousand rupees. (2) The State Government may, on the recommendation of the High Court, direct, by notification in the OFficial Gazette, with respect to any Civil Judge named therein that his jurisdiction shall extend to all like suits of such value not exceeding twenty thousand rupees as mly be specified in the noti- fication: Provided that the State Government may, by notification in the Official Gazette, to ""-~ .." 'delegate the Higl-i'Courfits' power under-this' Sectjo~:-········----·-·--·-·-..- ...=s-> Appeal fro171District and 17. (I) Save as otherwise provided in any law for the time being in force, Additional District judges. an appeal from a decree or order of the District Judge or an Additional Dis- trict Judge shall lie to the High Court. (2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case in which, if the decree or order had been made hy the District Judge, an appeal would not lie to that Court. Appeals from Civil 18. (1) Save as aforesaid, an appeal from a decree or order of a Civil judge. Judge shall lie; (a) to the District Judge 'where the value of the original suit in which or in any proceeding arising out of which the decree or order was mide did not exceed five thousand rupees, and . (b) to the High Court in any other cases. (2). Where the function of receiving any appeals which lie to the District Judge under sub-section (I) has been assigned to an Additional District Judge, the appeal's may be preferred to the Additional District Judge. CHAPTER IV. SUPPLEMENTARY PROVISIONS vr Judges not to suits J9.(1) The presiding Officer of a Civil Court under this Act shall not in which they are JIl- try any suit or other proceeding to which he is a party or "in which he is per- terested. sonally interested. Act sh ot try an app . cCfpacity. (3) When anysuch suit, proceeding or appeal asisreferred to in sub. section (I) or sub-section (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the District Judge with a report of the circumstances attending the reference. (4) The District Judge shall thereupon dispose of .the case. himself or transfer the case to any other Court of competent jurisdiction. 20. All Civil Courts, except the High Court of Sikkim, exercising juris- diction in the State of Sikkim immediatly before the commencement of this Act shall deem to have been duly constituted and to be exercising jurisdiction under the provision of this Act and all appointments, nominations rules and orders made, jurisdiction and powers conferred and all other actions done or taken relating to such Civil Courts, or purpoting expressly or impliedly to have been so made, conferred, done or taken, shall be deemed to have been respectively made, conferred,. done or taken under the provisions of this Act• Aepeal. .2I• All laws including rules, regulations, notifications, orders or instruc- .tions, in force immediatly before the commencement of this Act, in so far .they .are inconsistent with the provisions of this Act shall, to the extent of~such ill- consistency, cease to have effect and stand repealed from the date of such com- mencement. By Order of the Governor. B. R. PRADHAN, Secretary to the Government of Sikkim Law and Legislative Department. F. 16 (44)LL/77. PRINTED AT THE SIKKIM GOVERNMENT PRESS