The Telangana Civil Courts Act, 1972
This Act sets up the civil court system for Telangana, defines key terms, assigns jurisdiction by court level and value of the case, and gives the Government and High Court powers over court establishment and administration.
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The Telangana Civil Courts Act, 1972
This Act sets up the civil court system for Telangana, defines key terms, assigns jurisdiction by court level and value of the case, and gives the Government and High Court powers over court establishment and administration.
THE TELANGANA CIVIL COURTS ACT, 1972. (ACT NO.19 OF 1972) ARRANGEMENT OF SECTIONS Sections PART - I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. PART – II ESTABLISHMENT AND CONSTITUTION OF COURTS FOR THE DISTRICT OF HYDERABAD. 3. Establishment of a City Civil Court. 4. Appointment of Judges to the City Civil Court. 5. Jurisdiction of the Judges of the City Civil Courts in original suits and proceedings. 6. Distribution of work in the City Civil Court. 7. Omitted. 8. Omitted. 9. Forum for appeals. PART – III ESTABLISHMENT AND CONSTITUTION OF COURTS IN DISTRICTS OTHER THAN THE DISTRICT OF HYDERABAD. 10. Establishment of District Courts. 11. Appointment of Additional District Judges. 12. Establishment of Courts of Senior Civil Judges and Junior Civil Judges. 13. Appointment of Principal and Additional Senior Civil Judges and Junior Civil Judges. 2 [Act No. 19 of 1972] 14. Existing District Courts, Senior Civil Judges Courts and Junior Civil Judges Courts deemed to be established under this Act. 15. Local limits of Jurisdiction of District Courts, Courts of Senior Civil Judge and Junior Civil Judge. 16. Jurisdiction of District Judge, Senior Civil Judge and Junior Civil Judge in original suits and other proceedings. 17. Appeals from the decrees and orders of Courts in the districts. 18. Establishment of a Court of Senior Civil Judge for two or more districts. 19. Exercise by Senior Civil Judge of Jurisdiction of District Judge in certain proceedings. PART – IV MISCELLANEOUS 20. Definition. 21. Places for the sitting of the Courts. 21-A. Special Provision regarding jurisdiction of certain courts and validation of certain Acts. 22. Sittings of Courts. 23. General Control of a District Judge over all courts in a district. 24. Investiture of District Judge, Senior Civil Judge or Junior Civil Judge with small causes jurisdiction. 25. Seal of Court. 26. Law to be administered by courts in deciding questions regarding succession, inheritance, marriage, etc. [Act No. 19 of 1972] 3 27. Judicial officers not to try suits in which they are interested, not to try appeals from decrees or orders passed by them in other capacities. 28. Temporary discharge of duties of the District Judge or Chief Judge, City Civil Court. 29. Power to require witness or party to a suit to make such oath or affirmation. 30. Duties of ministerial officer of Courts. 31. Vacation. 32. Appointment of Vacation Civil Judge. 33. High Court to receive suits and appeals when no Vacation Civil Judge is appointed. 34. Repeals and savings. 35. Validation of proceedings taken before the commencement of this Act. THE TELANGANA CIVIL COURTS ACT, 1972.1 ACT No. 19 OF 1972. PART I. PRELIMINARY 1. (1) This Act may be called the 2[Telangana] Civil Courts Short title, extent Act, 1972. and commencement. (2) It extends to the whole of the State of 2[Telangana]. (3) It shall come into force in such area and on such date as the Government may, by notification, appoint; and they may appoint different dates for different areas and for different provisions of this Act.3 2. In this Act, unless the context otherwise requires,- Definitions. (a) “court” means a civil court established or deemed to be established under this Act; (b) “Government” means the 2[State Government of Telangana]; (c) “High Court” means the 2[High Court of Judicature at Hyderabad]; 1. The Andhra Pradesh Civil Courts Act, 1972 received the assent of the Governor on 13.10.1972. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 2. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 3. Came into force in the whole of the State except in the Scheduled areas. 2 [Act No. 19 of 1972] (d) “Notification” means a notification published in the 4Telangana Gazette; and the word “notified” shall be construed accordingly. PART – II 5[ESTABLISHMENT AND CONSTITUTION OF COURTS FOR THE DISTRICT OF HYDERABAD.] Establishment of a 3. (1) The Government may, after consultation with the City Civil Court. High Court, by notification, establish a court to be called the City Civil Court with jurisdiction to receive, try and dispose of, subject to the provisions of this Act, all suits and proceedings of a civil nature arising 5[in the district of Hyderabad.] (2) The City Civil Court existing on the date of the commencement of this Act shall be deemed to have been established under sub-section (1). Appointment of 4. (1) The number of judges to be appointed to the City Judges to the City Civil Court shall be one Chief Judge of the rank of a District Civil Court. Judge and such number of Additional Chief Judges of the 4. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 5. Substituted by Act No.1 of 1980. [Act No. 19 of 1972] 3 rank of a District Judge and such number of *[Senior Civil Judges] 6[xxx] and such number of *[Junior Civil Judges] 6[xxx] as the Government may, after consultation with the High Court from time to time, by notification, fix. (2) The Chief Judge, any Additional Chief Judge, any *[Senior Civil Judge] and any *[Junior Civil Judge] appointed to the City Civil Court existing on the date of the commencement of this Act shall be deemed to have been appointed under sub-section (1). * Throughout the Act (except section 14) For Substituted 1. Additional Judge - Senior Civil Judge 2. Additional Judges - Senior Civil Judges 3. Assistant Judge - Junior Civil Judge 4. Assistant Judges - Junior Civil Judges 5. District Munsif - Junior Civil Judge 6. District Munsifs - Junior Civil Judges 7. Additional Subordinate Judge - Additional Senior Civil Judge 8. Additional Subordinate - Additional Senior Civil Judges Judges 9. Additional District Munsifs - Additional Junior Civil Judges 10. the Court of Subordinate - the Court of Senior Civil Judge Judge 11. the Court of District Munsif - the Court of Junior Civil Judge 12. the Court of Principal - the Court of Principal Senior Subordinate Judge Civil Judge 13. the Court of Principal District - the Court of Principal Junior Munsif Civil Judge 14. the Court of Additional - the Court of Additional Senior Subordinate Judge Civil Judge 15. the Court of Additional District - the Court of Additional Junior Munsif Civil Judge Substituted by Act No.29 of 1997. 6. Omitted by Act No. 29 of 1997. 4 [Act No. 19 of 1972] Jurisdiction of the 7[5. (1) The pecuniary jurisdiction of the Chief Judge and Judges of the City an Additional Chief Judge shall, subject to the provisions of Civil Courts in the Code of Civil Procedure, 1908 and the other provisions original suits and of this Act, extend to all original suits and proceedings of a proceedings. civil nature including land acquisition original petitions, the amount or value of the subject matter of 8[which exceeds rupees 9[fifty lakhs].] (2) The pecuniary jurisdiction of a *[Senior Civil Judge] shall extend to all like suits and proceedings of a Civil nature including land acquisition original petitions not other wise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of 9[which exceeds rupees twenty lakhs but does not exceed rupees fifty lakhs.] (3) The pecuniary jurisdiction of a *[Junior Civil Judge] shall extend to all like suits and proceedings not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of 8[which does not exceed rupees 9[twenty lakhs].]] Distribution of 6. (1) The Chief Judge may, from time to time, make such work in the City arrangements as he may think fit, for the proper distribution Civil Court. of the business of the City Civil Court among the various Judges thereof. (2) An Additional Chief Judge shall, subject to the general or special orders of the High Court, perform all or any of the functions of the Chief Judge which the Chief Judge may assign to him and in the performance of those functions, the Additional Chief Judge shall exercise the same powers as the Chief Judge. 7. Section 5 with marginal heading substituted by Act No.29 of 1997. 8. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 9. Substituted by Act No.10 of 2019. [Act No. 19 of 1972] 5 10[7. [XXX] 8. [XXX]] 9. (1) An appeal shall, when it is allowed by law, lie from Forum for any decree or order in a civil suit or proceeding,- appeals. (i) of the Chief Judge or the Additional Chief Judge of the City Civil Court, to the High Court; (ii) of the *[Senior Civil Judge] of the City Civil Court- (a) to the Court of the Chief Judge, when the amount or value of the subject matter of the suit or proceeding 11[is not more than 12[rupees twenty lakhs]]; (b) to the High Court in other cases; and 13[(iii) of the *[Junior Civil Judge] of the City Civil Court, to the Court of the Chief Judge.] (2) The Chief Judge may, subject to the orders of the High Court, transfer for disposal any appeal filed in the City Civil Court to any Additional Chief Judge or any *[Senior Civil Judge.] PART – III ESTABLISHMENT AND CONSTITUTION OF COURTS IN DISTRICTS OTHER THAN THE DISTRICT OF HYDERABAD. 10. (1) The Government may, after consultation with the Establishment of High Court, by notification, establish such number of District District Courts. 10. Sections 7 and 8 omitted by Act No.1 of 1980. 11. Substituted by Act No.28 of 2000. 12. Substituted by Act No.10 of 2019. 13. Substituted by Act No.1 of 1980. 6 [Act No. 19 of 1972] Courts as they may deem necessary and appoint a District Judge for each District Court. (2) The Government may, from time to time, likewise abolish any District Court established under this section. Appointment of 11. (1) Where, in the opinion of the High Court, the state of Additional District business pending in a District Court, so requires, the Judges. Government may, after consultation with the High Court, appoint one or more Additional District Judges to the District Court for such period as they may deem necessary. (2) An Additional District Judge so appointed shall perform all or any of the functions of the District Judge under this Act or any other law for the time being in force which the District Judge may assign to him, and in the performance of those functions, he shall exercise the same powers as the District Judge. Establishment of 12. (1) The Government may, after consultation with the Courts of Senior High Court, by notification, establish such number of Courts Civil Judges and of *[Senior Civil Judges] and *[Junior Civil Judges] as they Junior Civil may deem necessary for each district in the State other than Judges. the district of Hyderabad. (2) The Government may, from time to time, likewise abolish any such Court established under this section. Appointment of 13. (1) Where, in the opinion of the High Court, the state of Principal and business pending in *[the Court of Senior Civil Judge] or Additional Senior *[Junior Civil Judge] so requires, the Government may, after Civil Judges and consultation with the High Court, appoint one or more Junior Civil Judges. *[Additional Senior Civil Judges] to *[the Court of Senior Civil Judge] or one or more *[Additional Junior Civil Judges] to *[the Court of Junior Civil Judge] for such period as they may deem necessary. [Act No. 19 of 1972] 7 (2) Where more than one *[Senior Civil Judge] is appointed to a *[ Court of Senior Civil Judge] or more than one *[Junior Civil Judge] is appointed to a *[Court of Junior Civil Judge], one of the *[Senior Civil Judges] or *[Junior Civil Judges] shall be designated by the High Court as the Principal *[Senior Civil Judge] or the Principal *[Junior Civil Judge] and the others as *[Additional Senior Civil Judges] or as *[Additional Junior Civil Judges], as the case may be. (3) Each of the *[Senior Civil Judges] or *[Junior Civil Judges] appointed to a *[Court of Senior Civil Judge] or to a *[Court of the Junior Civil Judge], as the case may be, may exercise all or any of the powers conferred on such Court by this Act or any other law for the time being in force. (4) Subject to the general or special orders of the District Judge, the *[Principal Senior Civil Judge] or the *[Principal Junior Civil Judge] may, from time to time, make such arrangements as he thinks fit for the proper distribution of the business of the Court among the *[Senior Civil Judges] or *[Junior Civil Judges], as the case may be. 14. The District Courts, the Courts of Subordinate Judge Existing District and the Courts of District Munsif Judge existing on the date Courts, Sr.Civil of the commencement of this Act and the District Judges, Judges Courts and Jr.Civil Subordinate Judges and District Munsifs appointed to such Judges Courts Courts prior to the said date shall be deemed to have been deemed to be established or appointed, as the case may be, under this established under Act. this Act. Explanation:- The Courts of Munsifs established and the Munsifs appointed under the 14Andhra Pradesh (Telangana Area) Civil Courts Act, 1954, shall be deemed to Act XXXVI of 1954. be and always to have been respectively the Courts of 14. Repealed by this Act. 8 [Act No. 19 of 1972] District Munsifs established and the District Munsifs appointed under this Act. Local limits of 15. (1) The Government shall, after consultation with the Jurisdiction of High Court, by notification, fix and may from time to time, District Courts, likewise alter, the local limits of the jurisdiction of any District Courts of Senior Court or *[Court of Senior Civil Judge]; and the High Court Civil Judge and shall, by notification, fix and may from time to time, likewise Junior Civil Judge. alter the local limits of the jurisdiction of any *[Court of Junior Civil Judge]. (2) The local limits of the jurisdiction of every District Court, *[Court of Senior Civil Judge] or *[Court of Junior Civil Judge] existing on the date of the commencement of this Act shall be deemed to have been fixed under this section and shall continue as such until altered. Jurisdiction of 15[16. (1) The pecuniary jurisdiction or a District Judge, District Judge, shall subject to the provisions of the Code of Civil Senior Civil Judge Procedure, 1908 and the other provisions of this Act, extend and Junior Civil to all original suits and proceedings of a Civil nature Judge in original suits and other including Land Acquisition original petitions, the amount or proceedings. value of the subject matter of 16[which exceeds 17[rupees fifty Central Act V of 1908. lakhs].] (2) The pecuniary jurisdiction of a Senior Civil Judge shall extend to all like suits and proceedings of a Civil nature including Land Acquisition original petitions not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of 17[which exceeds rupees twenty lakhs but does not exceed rupees fifty lakhs.] 15. Section 16 with marginal heading substituted by Act No.29 of 1997. 16. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 17. Substituted by Act No.10 of 2019. [Act No. 19 of 1972] 9 (3) The pecuniary jurisdiction of Junior Civil Judge shall extend to all like suits and proceedings, not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of 18[which does not exceed 19[rupees twenty lakhs].]] 17. (1) An appeal shall, when it is allowed by law, lie from Appeals from the any decree or order in a civil suit or proceeding- decrees and orders of courts in the Districts. (i) of the District Court, to the High Court; (ii) of *[the Court of Senior Civil Judge],- (a) to the District Court, when the amount or value of the subject matter of the suit or proceeding 20[is not more than 21[rupees thirty five lakhs];] (b) to the High Court, in other cases; and (iii) of *[the Court of Junior Civil Judge], to the District Court. (2) The District Judge may, subject to the orders of the High Court, transfer for disposal any appeal from the decree or order of a *[Court of Junior Civil Judge] preferred in the District Court, to any *[Court of Senior Civil Judge] within the district. (3) Where a *[Court of Senior Civil Judge] is established in any district at a place remote from the seat of the District Court, the High Court, may, with the previous 18. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. 19. Substituted by Act No.10 of 2019. 20. Substituted by Act No.28 of 2000. 21. Substituted by Act No.18 of 2020. 10 [Act No. 19 of 1972] sanction of the Government, direct that an appeal from the decree or order of any *[Court of Junior Civil Judge] within the local limits of the jurisdiction of such *[Court of Senior Civil Judge] shall be preferred in the said *[Court of Senior Civil Judge]: Provided that the District Judge may, from time to time, transfer to his own Court, any appeal so preferred, and dispose it of himself. Establishment of a 18. (1) Notwithstanding anything in this Act, the *[Court of Senior Government may, after consultation with the High Court, by Civil Judge] for notification, establish a *[Court of a Senior Civil Judge] for two or more such area comprised within the limits of the jurisdiction of districts. two or more District Courts as may be specified in the notification. (2) A *[Senior Civil Judge] appointed for the Court established under sub-section (1) shall hold the Court at such place within the jurisdiction of each of the said District Courts and for such period as the High Court may, from time to time, appoint. (3) The local limits of the jurisdiction of *[the Court of Senior Civil Judge], when it is sitting at any such place, shall be the same as those of the District Court concerned, but *[the Court of Senior Civil Judge] shall not entertain any original suit, appeal or proceeding but shall try or dispose of only such suit, appeal or other proceeding as may be transferred to it by the District Court concerned by or under this Act or any other law. (4) An appeal from the decree or order of *[the Court of Senior Civil Judge] in a suit or proceeding so transferred shall, where it lies to a District Court, lie to the District Court which transferred the suit or proceeding. [Act No. 19 of 1972] 11 19. (1) The High Court may, by general or special order, Exercise by authorise any *[Senior Civil Judge] to take cognizance of or *Senior Civil Judge of any District Judge to transfer to any *[Senior Civil Judge] Jurisdiction of under his control, any proceedings under the Indian District Judge in Succession Act, 1925, which cannot be disposed of by certain District Delegates. proceedings. Central Act 39 of 1925. (2) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to a *[Senior Civil Judge] and may either himself dispose them of or transfer them to a Court under his control, competent to dispose them off. (3) Notwithstanding anything in section 17, the proceedings taken cognizance of by, or transferred to, a *[Senior Civil Judge] under the provisions of this section shall be disposed of by him subject to the law applicable to like proceedings when disposed of by the District Judge. (4) The provisions of this section shall apply in relation to the Chief Judge, City Civil Court and *[Senior Civil Judges] thereof as they apply in relation to the District Judge and the *[Senior Civil Judges] with the substitution of references to the Chief Judge and *[Senior Civil Judges] for references to the District Judge and the *[Senior Civil Judges]. PART – IV MISCELLANEOUS 20. In this Part, the terms “District Judge”, “Additional Definition. District Judge”, *“[Senior Civil Judge]” and *“[Junior Civil Judge]”, and the “District Court”, *“[Court of Senior Civil Judge]” and the *“[Court of Junior Civil Judge]”, shall, in relation to the district of Hyderabad 22[XXX] respectively 22. Omitted by Act No.1 of 1980. 12 [Act No. 19 of 1972] mean the Chief Judge, Additional Chief Judge, *[Senior Civil Judge] and *[Junior Civil Judge] of the City Civil Court, and the Courts of the Chief Judge or Additional Chief Judge, *[Senior Civil Judge] and *[Junior Civil Judge] thereof. Places for the 21. (1) The Government may, after consultation with the sitting of the High Court, from time to time, by notification, appoint the Courts. 23[place or places at which] any District Court or *[Court of Senior Civil Judge] established under this Act shall sit; and the High Court may, from time to time, by notification, appoint the 23[place or places at which] any *[Court of Junior Civil Judge] established under this Act shall sit. (2) The place at which any Court specified in this Act is sitting on the date of the commencement of this Act shall be deemed to have been appointed under this section and shall continue as such until it is altered. (3) 23[The place or places appointed], or deemed to have been appointed, for the sitting of any court under this section shall be within the local limits of the jurisdiction of that Court, 24[unless the Government otherwise direct.] Special Provision 25[21-A. (1) Notwithstanding anything in this Act, whenever a regarding new district is formed under the provisions of section 3 of Jurisdiction of the 26Telangana Districts (Formation) Act, 1974, 27[on or after certain courts and formation of the State of Telangana], until a separate District validation of certain Acts. Court is established for such district, the District Court, *[the Court of Senior Civil Judge] or *[the Court of Junior Civil Act No. 7 of 1974. Judge] exercising jurisdiction over the respective area 23. Substituted by Act No.19 of 1984. 24. Inserted by Act No.1 of 1980. 25. Inserted with marginal heading by Act No.1 of 1980. 26. Adapted by G.O.Ms.No.225, Revenue (DA-CMRF) Department, dated 03.12.2015. 27. Substituted by G.O.Ms.No.17, Law (LA, LA&J Home-Courts.A2) Department, dated 06.12.2014. [Act No. 19 of 1972] 13 immediately prior to the formation of such new district, shall continue to exercise the jurisdiction over the area included in such district as if the new district has not been formed. (2) Any jurisdiction exercised, any judgment, decree or order passed or made, and any other act or proceeding done or taken, until the establishment of a new District Court for the new district on or after the formation of a new district shall be deemed always to have been validly exercised or passed or made and done or taken in accordance with law.] 22. The courts under the control of the High Court shall sit Sittings of Courts. from day to day, except on Sundays and on such other days as may be declared as holidays by the High Court for all or any of the districts. 23. Subject to the other provisions of this Act and to such General Control of orders as the High Court may, from time to time, issue in a District Judge over all courts in a this behalf, the general control over all the courts under this district. Act in a district shall be vested in the District Judge. 24. (1) The High Court may, by notification, invest, within Investiture of District Judge, such local limits as it shall, from time to time, fix- *[Senior Civil Judge] or *[Junior (i) any District Judge or *[Senior Civil Judge], with Civil Judge] with the jurisdiction of a Judge of a Court of Small Causes for the small causes trial of suits cognizable by such Courts upto the amount of jurisdiction. 28[ten thousand rupees]; (ii) any *[Junior Civil Judge], with like jurisdiction upto the amount of 28[four thousand rupees.] (2) The High Court may, likewise, withdraw the jurisdiction from the District Judge, *[Senior Civil Judge] or *[Junior Civil Judge] so invested. 28. Substituted by Act No.30 of 1989. 14 [Act No. 19 of 1972] Seal of Court. 25. Every Court under this Act shall use a seal of such form and dimensions as may, from time to time, be specified by an order of the High Court with the approval of the Government. Law to be 26. Where, in any suit or proceeding, it is necessary for administered by any court under this Act to decide any question regarding courts in deciding succession, inheritance, marriage or any religious usage or questions regarding institution- succession, inheritance, (i) (a) the Muslim law in cases where the parties are marriage, etc. Muslims and Hindu law in cases where the parties are Hindus, or (b) any custom, if such there be, having the force of law and governing the parties or property concerned, shall form the rule of decision, unless such law or custom has been altered or abolished by legislative enactment, and (ii) in a case where no specific rule exists the court shall act according to justice, equity and good conscience. Judicial officers 27. (1) No judicial officer shall try any suit to which he is a not to try suits in party or in which he is personally interested, nor he shall which they are adjudicate upon any proceeding connected with, or arising interested, not to out of, such suit. try appeals from decrees or orders passed by them in (2) No such officer shall try any appeal against a other capacities. judgment, decree or order passed by him in another capacity. (3) Where any such suit, proceeding or appeal comes before any such officer, he shall report the circumstances to the court to which he is immediately subordinate. [Act No. 19 of 1972] 15 (4) The superior court shall thereupon dispose of the case in the manner provided by section 24 of the Code of Central Act V of 1908. Civil Procedure 1908. (5) Nothing in sub-section (4) shall be deemed to affect the extraordinary original civil Jurisdiction of the High Court. Explanation:- In this section, the expression ‘Judicial Officer’, includes any Judge of the City Civil Court, any District Judge, any *[Senior Civil Judge] and any *[Junior Civil Judge]. 28. In the event of the death of the District Judge or of his Temporary discharge of being incapacitated by illness or otherwise for the duties of the performance of his duties, or of his absence from the station District Judge or at which his court is sitting, the Senior Additional District Chief Judge, City Judge at such station, or if there is no Additional District Civil Court. Judge there, 29[the Principal Senior Civil Judge] at such station, or if there is no such Additional District Judge or *[Senior Civil Judge] at the station, such other *[Senior Civil Judge] in the District, or any other District Judge of a neighbouring district as the High Court may specify in this behalf shall, without interruption to his ordinary duties, assume charge of the office of the District Judge and shall discharge such of the current duties thereof as are connected with the filing of suits and appeals, the execution of process and the like, and shall continue in charge of the office until it is resumed or assumed by a person duly appointed to that office: Provided that where an Additional District Judge or a District Judge of a neighbouring district assumes charge under this section, it shall be competent for him to perform any of the functions of District Judge under this Act or any other law for the time being in force. 29. Substituted by Act No.29 of 1997. 16 [Act No. 19 of 1972] Power to require 29. Every Court under this Act may require a witness or witness or party to party to any suit or other proceeding pending in such court a suit to make to make such oath or affirmation as is prescribed by law for such oath or the time being in force. affirmation. Duties of 30. A Ministerial Officer of a court shall perform such duties ministerial officer as may, from time to time, be imposed upon him by the of Courts. presiding officer of the Court. Vacation. 31. The Courts under the control of the High Court may adjourn, from time to time, for such periods not exceeding in the aggregate two months in each year, as may be notified by the High Court. Appointment of 32. (1) Notwithstanding anything in this Act or in the Code vacation Civil of Civil Procedure, 1908, the High Court may for the Judge. duration of the adjournment of any District Court in summer, appoint for such District Court a Vacation Civil Judge not Central Act V of 1908. below the rank of a District Judge or the Government may after consultation with the High Court, so appoint a Vacation Civil Judge not below the rank of a *[Senior Civil Judge]. (2) (a) The local limits of the jurisdiction of the Vacation Civil Judge shall be the same as those of the District Court concerned. (b) The jurisdiction of the Vacation Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by, any court (whether a District Court, a *[Court of Senior Civil Judge] or a *[Court of Junior Civil Judge]) in the district concerned when such Court is adjourned for summer vacation. (3) The place, at which the Court of the Vacation Civil Judge shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation Civil Judge shall have such administrative control over the staff of [Act No. 19 of 1972] 17 the Courts in the District as the High Court may, by general or special order determine. (4) Notwithstanding the appointment of the Vacation Civil Judge, every court in the district shall, during the period it is adjourned for summer vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, Central Act 33 of 1963. 1963. (5) On the reopening of the District Court, a *[Court of Senior Civil Judge] or a *[Court of Junior Civil Judge] after the summer vacation, all suits, appeals, and other proceedings pending in the Court of the Vacation Civil Judge, which, but for this section would have been instituted or pending in such District Court, *[Court of Senior Civil Judge] or *[Court of Junior Civil Judge] as the case may be, shall stand transferred to the Court concerned and any judgment, decree, order or proceeding passed by the Vacation Civil Judge shall, after such transfer, be deemed to be a judgment, decree, order or proceeding passed by the Court concerned. (6) Notwithstanding the provisions of sub-section (5), any appeal from the judgment, decree or order of the Court of the Vacation Civil Judge, shall, when such appeal is allowed by law, lie to the High Court. 33. When the District Court or the Court of *[Senior Civil High Court to Judge] or 30[the Court of Junior Civil Judge] to which a suit, receive suits and appeals when no an appeal or other proceeding lies is adjourned under Vacation Civil section 31 and when no Vacation Civil Judge is appointed Judge is under sub-section (1) of section 32, the High Court shall appointed. have the power to receive such suits, appeals and other proceedings. 30. Substituted for “the Court of Munsif” by Act No. 29 of 1997. 18 [Act No. 19 of 1972] Repeals and 34. (1) The Andhra Pradesh (Andhra Area) Civil Courts Act, savings. 1873, the Andhra Pradesh (Telangana Area) Civil Courts Act, 1954 and section 17 of the Andhra Pradesh (Telangana Area) Small Causes Courts Act, 1330 Fasli are hereby repealed. (2) The provisions of sections 8 and 18 of the Act No 1 of 1891 31Telangana General Clauses Act, 1891 shall apply upon such repeal. Validation of 35. All proceedings taken or orders, judgments and proceedings decrees passed by any Court before the date of the taken before the commencement of this Act shall be deemed always to have commencement been validly taken or passed in accordance with law. of this Act. * * * 31. Adapted by the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
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