Ahmedabad City Civil Court Rules, 1961

Section 1

(1) This Act may be called the Ahmedabad City Courts Act, 1961.

(2) This section shall come into force at once and the remaining provisions of this Act shall come into force on such day as the State Government may by notification in the Official Gazette appoint.

Section 2

2. In this Act, unless the context otherwise requires-

[(14) "Amending Act" means the Ahmedabad City Courts (Amendment) Act, 1980;]

(1)" appointed day" means the day on which the remaining provisions of this Act come into force under sub-section (2) of section 1;

[(2) "City of Ahmedabad" means the areas within the limits of the City of Ahmedabad as constituted under the Corporations Act, immediately before the specified date:

Provided that as and when the limits of the City of Ahmedabad as constituted under the Corporations Act, are altered under sub-section (2) of section 3 of that Act, by the inclusion therein, or exclusion therefrom, of any area, the State Government may, by a notification in the Official Gazette, alter the limits of the City of Ahmedabad as defined in this clause by including therein, or excluding therefrom, with effect on and from such date as may be specified in such notification, any such area as is so included in, or excluded from, the limits of the City of Ahmedabad as constituted under the Corporations Act;]

(3) "City Court" means the Court established under section 3;

[(4) "Corporations Act" means the Bombay Provincial Municipal Corporations Act, 1949;1

(5) "High Court" means the High Court of Gujarat;

(6) "Small Cause Court" means the Court of Small Causes of Ahmedabad;

[(7) "Specified date" means the date of the coming into force of the Amending Act.]

Section 3

3. The State Government may, by notification in the Official Gazette, establish for the City of Ahmedabad a Court, to be called the Ahmedabad City Civil Court. Not- withstanding anything contained in any law, such Court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature and arising within the City of Ahmedabad, except suits or proceedings which are cognizable by

the High Court and Small Cause Court.

Section 4

The City Court shall be deemed to be a Court subordinate to and subject to the

superintendence of the High Court within the meaning of the Code of Civil Procedure, 1908,

Section 5

The State Government may, by notification in the Official Gazette, appoint as

many persons as it thinks fit to be Judges of the City Court.

Section 6

When the City Court consists of more than one Judge -

(a) each of the Judges may exercise all or any of the powers conferred on the

Court by this Act or any other law for the time being in force;

(b) the State Government may appoint any one of the Judges to be the

Principal Judge;

(c) the Principal Judge may from time to time make arrangements as he may

think fit for the distribution of the business of the Court among the various

Judges thereof.

"[6A. (1) In the event of the office of the Principal Judge falling or remaining

vacant from any cause or in the event of his being prevented from performing

his duties due to illness or other cause, the first in rank of the other Judges of

the City Court shall, without interruption to his own duties, assume charge of

the office of the Principal Judge and while so in charge shall perform all the

duties and exercise all the powers of the Principal Judge under this Act or any

ether law for the time being in force. 2) The Judge so assuming charge shall continue in such charge until the office of the Principal Judge may be resumed or assumed by an officer duly appointed thereto.]

Section 7

(1) The State Government may appoint an officer to be the Registrar of the City Court. He shall be the chief ministerial officer of the Court; and shall exercise such powers, discharge such duties of a ministerial nature as the Judge of the City Court, or when the Court consists of more than one Judge, the Principal Judge may, from time to time, by rules, direct. (2) The State Government may, with the previous approval of the High Court, invest the Registrar with any powers of the Judge of the City Court other than powers of trying suits and proceedings.

Section 8

. Save as otherwise 7 [ provided in this Act and subject to such rules as the High Court may make for the City Court under article 227 of the Constitution or section 122 of the Code of Civil Procedure, 1908 ] all questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by a District Court.

Section 9

(1) An appeal shall lie to the High Court from— (a) every decree passed by any Judge of the City Court, and (b) such orders passed by such Judge as are specified in, and to the extent provided by section 104 of the Code of Civil Procedure, 1908. (2) The period of limitation for an appeal from a decree or order of the City Court shall be thirty days from the date of such decree or order and the provisions of the Indian Limitation Act, 1908, shall apply as if the said period had been specified by an entry in the first schedule to that Act. (3) Nothing in the foregoing provisions of this section shall apply to a decree or order passed by the City Court in an appeal or revision application under section 20.

Section 10

The City Court shall use a seal of such form and dimensions as may be for the time being prescribed by the State Government.

Section 11

(1) The Judge of the City Court or when the Court consists of more than one Judge the Principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for approval of the High Court. (2) Such list, when it has received such approval, shall be published in the Official Gazette, and the said holidays and vacation shall be observed accordingly. 8 [(3) The Judge specified in sub-section (1) may, with the approval of the High Court, make any change in the days to be so observed as holidays or vacation, if at any time after the publication of such list, circumstances render it necessary for him to do so and such change shall be published in the Official Gazette]

Section 12

Except where the context otherwise requires, any reference to a principal Civil 

Court of original Jurisdiction, District Court or a District Judge in any law for the time being in force, relating to any matters specified in List II or List III of the Seventh Schedule to the Constitution shall in the case of the operation of that law within the limits of the City of Ahmedabad, be construed as a reference to the Ahmedabad City Civil Court 9 [or the Judge of that Court, or when that Court consists of more than one Judge the Principal Judge of that Court, as the case may be,] and such law shall have effect accordingly.

Section 13

Sessions Division for City of Ahmedabad.

Section 14

Appointment of Magistrates in City of Ahmedabad.

14A. Arrangement as to holding charge of office of the Chief Magistrate during vacancy

Section 15

Construction of certain expressions in Criminal Procedure Code.

Section 16

. [Construction of laws] Deleted by Guj. 33 of 1980, S. 3

Section 17

The Presidency Small Cause Courts Act, 1882 shall extend to and come into force in the City of Ahmedabad on and from the appointed day. 10[Provided that- (a) with effect on and from the specified date, it shall also extend to and come into force in those areas of the City of Ahmedabad as constituted under the Corporations Act, which were included in the said City under the said Act, after the appointed day, but before the specified date. (b) with effect on and from the date of inclusion in, or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2, of any area, by a notification issued under the proviso to that clause, it shall also extend to and come into force in the area so included in the said City, or, as the case may be, cease to and be in force in the extend area so excluded from the said City, by such notification : Provided further that the provisions of the Bombay General Clauses Act, 1904 shall, save as otherwise expressly provided in this Act, apply to such cesser in any area as aforesaid as if it were a repeal of an enactment.]

Section 18

The Presidency Small Cause Courts Act, 1882, and the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, shall in their application to the City of Ahmedabad stand amended in the manner and to the extent specified in the Schedule.

Section 19

With effect on and from the appointed day the Bombay Civil Courts Act, 1869, and the Provincial Small Cause Courts Act, 1887, and all rules, notifications and orders made thereunder shall cease to apply to, or be in force in the City of Ahmedabad, and the provisions of the Bombay General Clauses Act, 1904, shall, save as otherwise expressly provided in this Act, apply to such cesser as if it were a repeal of an enactment: 11[Provided that the said Bombay Civil Courts Act, 1869 and the Provincial Small Cause Courts Act, 1887 and all rules, notifications and orders made thereunder shall— (a) with effect on and from the specified date cease to apply to or be in force in those areas of the City of Ahmedabad as constituted under the Corporations Act which were included therein under the said Act, after the appointed day, but before the specified date; (b) with effect on and from the date of inclusion in, or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2 of any area by notification issued under the proviso to that clause, cease to apply to or be in force in the areas so included in the said City, or apply to or be in force in the areas so excluded from the said City, by such notification : Provided further that the provisions of the Bombay General Clauses Act, 1904, shall save as otherwise expressly provided in this Act, apply to such cesser in any area as aforesaid as if it were a repeal of an enactment ]

Section 20

(1) All suits and proceedings cognizable by the City Court and pending immediately before the appointed day in the District Court or the Court of a Civil Judge shall stand transferred to the City Court. (2) All suits and proceedings pending immediately before the appointed day in the Court of Small Causes, Ahmedabad, constituted under the Provincial Small Cause Courts Act, 1887, shall- (i) if they are cognizable by the Court of Small Causes of Ahmedabad constituted under the Presidency Small Cause Courts Act, 1882, stand transferred to that court and (ii) if not so cognizable be transferred to the court competent to take cognizance of such suits or proceedings. (3) All criminal proceedings cognizable by the Court of Session for the City of Ahmedabad and pending in the Court of Session at Ahmedabad as constituted immediately before the appointed day shall stand transferred to the Court of Session for the City of Ahmedabad. (4) All criminal proceedings pending before any Magistrate and cognizable by a Magistrate appointed under section 14 shall stand transferred to the Chief Magistrate appointed under that section. (5) An appeal or revision application against any judgement, decision, decree or order passed before the appointed day by a Court in the exercise of jurisdiction over the area within the limits of the City of Ahmedabad,— (i) if it was pending immediately before the appointed day in a competent Court, shall stand transferred to the Court corresponding to the competent Court, and (ii) if before the appointed day it has not been preferred within the period of limitation to a competent Court, shall lie within that period to the Court corresponding to the competent Court. (6) A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court as if it were the Court from which such proceeding, appeal or revision application was so transferred. (7) All applications for the execution or enforcement of a decree or order made before the appointed day by any court which has been superseded or has ceased to exist by virtue of the provisions of this Act, and all other applications arising out of the said decree or order shall be made to and disposed of by the City Court. Explanation. - For the purpose of sub-section (5), "competent Court" means the District Court, the Court of Civil Judge or the Court of Session at Ahmedabad functioning before the appointed day and the City Court shall be a Court corresponding to the said District Court or the Court of Civil Judge and the Court of Session for the City of Ahmedabad shall be a Court corresponding to the said Court of Session at Ahmedabad.

Section 21

1. The Bombay Pleaders Act, 1920, 13* * * * * and the Code of Civil Procedure, 1908, shall in their application to the City of Ahmedabad stand amended in the manner and to the extent specified in the Schedule.]

Section 22

Except where the context otherwise requires, any reference to the City of 

Ahmedabad in any law for the time being in force other than the Corporations Act shall, in so far as such law relates to the jurisdiction, powers and procedure of civil courts within the limits of the City of Ahmedabad, be deemed to be a reference to the City of Ahmedabad as defined in clause (2) of section 2.

Section 23

(1) All suits and proceedings (other than appeals or revision applications) cognizable by the City Court which may be pending immediately before the specified date or as the case may be, the date of inclusion in the City of Ahmedabad, of any area by a notification under the proviso to clause (2) of section 2 (hereinafter in this section referred to as "the date of inclusion") in a District Court or the court of a Civil Judge shall stand transferred to the City Court. (2) All suits and proceedings cognizable by the Small Cause Court which may be pending immediately before the specified date or, as the case may be, the date of inclusion, in the Court of a Civil Judge shall stand transferred to the Small Cause Court. (3) An appeal or revision application against any judgment, decision, decree or order passed before the specified date or as the case may be, the date of inclusion by a Civil Court in the exercise of jurisdiction over any area within the limits of the City of Ahmedabad as defined in clause (2) of section 2 as amended by the Amending Act shall- (i) if it was pending immediately before the specified date or, as the case may be, the date of inclusion in any District Court or Court of any Civil Judge other than City Court, stand transferred to the City Court, and (ii) if before the specified date or, as the case may be, the date of inclusion it has not been preferred within the period of limitation to a competent Court, lie within that period to the City Court. (4) A proceeding, appeal or revision application transferred to any court under the foregoing provisions of this section shall be disposed of by such Court as if it were the Court from which such proceeding, appeal or revision application was so transferred.

Section 24

(1) All suits and proceedings of a civil nature which may be pending in the City Court or the Small Cause Court immediately before the date of exclusion of any area from the City of Ahmedabad as defined in clause (2) of section 2 by a notification under the proviso to that clause ( hereinafter in this section referred to as "the date of exclusion") but which would, after such date of exclusion, become cognizable by a District Court, a Court of Civil Judge or the Small Cause Court as a result of the exclusion of such area from the City of Ahmedabad as so defined shall stand transferred to such District Court or, such Court of the Civil Judge, or as the case may be, Small Cause Court. (2) A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court, as if it were the court from which such proceeding, or appeal or revision application was so transferred.

Section 25

For the removal of doubts it is hereby declared that the Court established for the 

City of Ahmedabad under section 3 shall be deemed to be a Court established for the City of Ahmedabad as defined in clause (2) of section 2 as amended by the Amending Act and that the Judges of the said Court, appointed as such Judges and holding office as such immediately before the specified date shall be deemed to have been appointed for the City of Ahmedabad so defined.]