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Bombay City Civil Court Act, 1948

Bombay City Civil Court Act, 1948

The Bombay City Civil Court Act, 1948

Bombay Act No. 40 of 1948

mh029

[10th May, 1948]

For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part 5, page 7.

(Assented to by the Governor General)

LEGISLATIVE HISTORY 6

An Act to establish an additional Civil Court for Greater Bombay

Whereas it is expedient to establish an additional Civil Court for the Greater Bombay; It is hereby enacted as follows:-

  1. Short title and commencement.– (1) This Act may be called the Bombay City Civil Court Act, 1948.

(2) It shall come into force on such [date] as the [State] Government may, by notification in the Official Gazette, appoint in this behalf.

  1. Definitions.– In this Act unless there is anything repugnant in the subject or context,-

(1) “City Court” means the Court established under section 3;

(2) “High Court” means the High Court of Judicature at Bombay;

(3) “Institution fee” means the court-fee payable in respect of the plaint or application by which a suit or proceeding is instituted;

[(3A) “intellectual property matters” means the suits and civil proceedings relating to trade marks, copyright, patents, designs and geographical indications, plant varieties and the rights of farmers and plant breeders and Ley-out design (Topographies) of Integrated Circuits;]

(4) “Small Cause Court” means the Court of small Causes of Bombay;

(5) “Special law” means a law applicable to a particular subject.

  1. Constitution of City Court.– The [State]Government may by notification in the Official Gazette, establish for the Greater Bombay a court, to be called the Bombay City Civil Court. Notwithstanding 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 [not exceeding rupees one crore in value], and arising within the Greater Bombay, except suits or proceedings which are congnizable-

(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial Jurisdiction, or

(b) by the High Court for the relief of insolvent debtors, or

(c) by the High court under any special law other than the Letters Patent, or

[(c-1) by the High Court under the Parsi Marriage and Divorce Act, 1936; or

(c-2) by the High Court in respect of intellectual property matters; or]

(d) by the Small Cause Court:

[Provided that the State Government may, from time to time, after consultation with the High Court, by notification in the Official Gazette, enhance the pecuniary jurisdiction of the City Court and correspondingly alter the pecuniary jurisdiction of the High Court.]
  1. [Power of [State]Government to enhance jurisdiction of City Court.]Deleted by Maharashtra 46 of 1977, Section 3.

[4A. [Transfer of suits and proceedings cognizable under section 3, to City Court]. – [(1) Notwithstanding anything contained in section 9 of the Bombay City Civil Court and the Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1986, all suits and proceedings cognizable by the City Court under section 3, and pending in the High Court on the date of coming into force of section 4 of the Bombay City Civil Court (Amendment) Act, 2012 not being suits or proceedings falling under clauses (a) to (d) of section 3 shall stand transferred to the City Court.]

(2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court.

(3) In any such suit or proceeding institution fees shall be paid, credit being given to any court fee levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed by the City Court in such manner as the [State] Government may, after consultation with the High Court, determine by rules.]

[4B. Power to make rules. – The High Court may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.]

  1. Subordination to and superintendence by High Court.– 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 Letters Patent of the High court and of the Code of Civil Procedure, 1908.
  2. Appointment of Judges.– 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.
  3. Powers of Judges when City Court consists of more than one Judge.– 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 [and any two other Judges to be called the additional principal Judge];

(c) the principal Judge may from time to time make such arrangements as he may think fit for the distribution of the business of the court among the various Judges thereof;

[(d) [any additional principal Judge] may exercise all or any of the powers conferred on the principal Judge by this Act or any other law for the time being in force, as the High Court may, from time to time, direct.]
  1. [Registrars.]– (1) The [State] Government may appoint an officer to be called the Registrar of the City Court. He shall be the chief ministerial officer of the Court; and shall exercise such powers and 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. [The State Government may also appoint [two officers to be called the additional Registrars] of the City Court. [Any additional Registrar] shall exercise all or any of the powers and discharge all or any of the duties of the Registrar as 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 and [any additional Registrar] [with all or any of the following powers of the Judge of the City Court, namely:-

(a) the power to hear and dispose of all applications for permission to sue or defend as paupers or for dispaupering plaintiffs or defendants permitted to sue or defend as paupers;

(b) the power to hear and dispose of all interlocutory applications or matters necessary for the progress of any suit or other proceedings;

(c) the power to hear and dispose of all applications for execution of decrees (but in the case of any application referred to in rule 22 of Order XXI in the First Schedule to the Code of Civil Procedure, 1908, only when the person to whom the notice thereunder is served does not appear or offer any objection to the execution);

(d) the other powers of the said Judge, not being powers of trying suits and proceedings.]

  1. Questions arising in suits, etc. under Act to be dealt with according to law administered by High Court.– Save as otherwise provided in this Act 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 the High Court in the exercise of its ordinary original civil Jurisdiction.
  2. Fees for process.– (1) The High Court shall, from time to time, with the sanction the [State]Government prescribe and regulate the fees to be taken for any process issued by the City Court or by any officer of such court.

(2) Table of the fees so prescribed shall be published in the Official Gazette.

  1. [Repayment of institution fee under certain circumstances.]Deleted by Maharashtra 15 of 1968, Section 3.
  2. High Court jurisdiction barred except in certain cases.– Notwithstanding anything contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable by the City Court:

Provided that the High Court may, for any special reason, and at any stage remove for trial by itself any suit or proceeding from the City Court.

  1. Costs to be disallowed when plaintiff sues in High Court instead of in City Court.– If in any suit instituted in the High Court the Judge who tries it is of the opinion that it ought to have been instituted in the City Court and in such suit-

(a) if the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client; or

(b) if the plaintiff obtains a decree for any matter of an amount or value less than the maximum amount of the pecuniary jurisdiction of the City Court, no costs shall be allowed to the plaintiff.

  1. Allowance for fees paid in City Court in cases removed to High Court.– When any suit or proceeding is removed for trial to the High Court from the City Court under section 12-

(a) it shall be heard and disposed of by the High Court in the exercise of its original civil jurisdiction and the said Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in such Court;

(b) court fee on the scale for the time being in force in the High Court as a court of original civil jurisdiction shall be payable in that court in respect of the suit or proceeding therein:

Provided that in the levy of any such fee which, according to the practice of the court, is credited to the [State] Government, credit shall be given for the institution fee already paid in the City Court.

  1. Appeals and limitation.– (1) An appeal shall lie to the High Court from –

(a) every decree passed by the Judge of the City Court, and

(b) such orders passed by the said Judge as are specified in and to the extent provided for 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 G Court shall be thirty days from the day of such decree or order:

[Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period.]
  1. Seal of City Court.– The City Court shall use a seal of such form and dimensions as may be for the time being prescribed by the [State]Government.
  2. Holidays and vacations.– (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 the 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 vacations shall be observed accordingly.

  1. Transfer of suits pending in High Court.– (1) All suits and proceedings cognizable by the City Court and pending in the High Court, in which issues have not been settled or evidence has not been recorded on or before the date of the coming into force of this Act, shall be transferred to the City Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction thereof as if they had been originally instituted in that Court.

(2) In any suit or proceeding so transferred institution fee shall be paid, credit being given to any court fee levied in the High Court, and “costs incurred in the High Court till the date of the transfer shall be assessed by the City Court in such manner as the [State] Government may, after consultation with the High Court, determine by rules.

Notifications

G.N., H.D., No. 2346/5 (i), dated 14th August, 1948 (B.G., Part 1, page 3809) – In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay City Civil Court Act, 1948 (Bombay XL of 1948), the Government of Bombay is pleased to appoint the 16th August 1948 as the date on which the said Act shall come into force.

G.N., L. & J.D., No. CCS. 2767/4857-H dated 29th October, 1968 (M.G., Part 4-B, page 1617) – In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay City Civil Court (Second Amendment) Act, 1968, (Maharashtra XXIX of 1968), the Government of Maharashtra hereby appoints the 1st day of November 1968 to be the date on which the said Act shall come in to force.

G.N., L. & J.D., No. CCS. 2763/3896-H dated 17th February, 1969 (M.G., Part 4-B, page 304) – In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay City Civil Court (Amendment) Act, 1968, (Maharashtra XV of 1968), the Government of Maharashtra hereby appoints the 17th day of February, 1969 to be the date on which the said Act shall come in to force.

G.N., L. & J.D., No. CCS. 2776/1721-(595)-X, dated 29th June, 1979 (M.G., (Extra), Part 4-B, page 1321) – In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay City Civil Court (Amendment) Act, 1979, (Maharashtra XV of 1979), the Government of Maharashtra hereby appoints the 1st day of July, 1979, to be the date on which the said Act shall come in to force.

G.N., H.D., No. 2346/5(ii), dated 14th August, 1948 (B.G., Part 1, page 3809) – In exercise of the powers conferred by section 3 of the Bombay City Civil Court Act, 1948 (Bombay XL of 1948), the Government of Bombay is pleased to establish for the Greater Bombay a Court, to be called the Bombay City Civil Court, with effect from the 16th August, 1948.

Amended by G.N., L. & J.D., No. CCS. 2763/3896-H dated 17th February 1969 (M.G., Part 4-B, page 228)

G.N., H.D., No. 5547/5, dated 14th August, 1948 (B.G., Part 1, page 3810) – In exercise of the powers conferred by sub-section (2) of section 8 of the Bombay City Civil Court Act, 1948 (Bombay XL of 1948), the Government of Bombay is pleased with the previous approval of the High Court, to invest the Registrar of the Bombay City Civil Court, with the following powers of the Judge of the said Court, namely:-

(1) To receive and admit plaints and to refer such as the Registrar may consider should be rejected, for the orders of the Judge.

(2) To receive and admit all applications, including applications for execution of decrees and orders and to refer such of the execution petitions as he may consider should be rejected, for the orders of the Judge.

[(2A) To receive and admit petitions under special law.]

(3) To sign all processes and the letters substituted for processes.

(4) To pass orders concerning substituted service of summonses and the notices.

(5) To dispose of applications for extensions of time, including applications for time under rule 7 or Order XXVII in the First Schedule to the Code of Civil Procedure, 1908.

(6) To dispose of all applications arising from the death, marriage or insolvency of parties to suits or from the assignment, creation or devolution of any estate or title pendenelite.

(7) To make orders concerning the production and inspection of documents.

(8) To dispose of applications (formal) to amend the plaint or subsequent proceedings or to strike out any matter therein.

(9) To dispose of applications for further and better statement or particulars under Order VI, rule 5.

(10) To dispose of uncontested applications for commissions to examine witnesses under Order XXVI, rule 1.

(11) To dispose of applications for leave under Order XXI, rule 50, sub-rule (2).

(12) To dispose of applications for leave to issue execution under order XXX, rule 9.

(13) To dispose of applications for statements of names and disclosure of Partners’ addresses and the residence under Order XXX, rules 1 and 2.

[(14) To hear and dispose of all applications for permission to sue or defend as paupers or for dispaupering plaintiffs or defendants permitted to sue or defend paupers.]

(15) To dispose of applications for orders of reference to arbitration unless the suit is on one of the boards for the day.

(16) To dispose of applications relating to the conduct or frame of suits previous to the hearing unless the suit is on one of the boards for the day,

(17) To dispose of applications for the admission of a next friend of an infant or for the appointment of new next friends and guardians ad litem.

(18) To call for translation of documents with plaints.

(19) To pass orders regarding discovery by interrogatories under Order XI, rule 1.

(20) To make orders regarding particular interrogatories to be,.submitted under Order XI, rule 2.

(21) To grant applications for discovery of documents, production of documents and inspection of documents and verified copies.

(22) [* * * * * * *]

(23) To issue notices to all persons claiming to share in assets, realised by sale in execution.

(24) To order disclosure of partners’ names under Order XXX, rule 2.

(25) To order execution of decree against a firm under Order XXI, rule 50.

(26) To sign endorsements on documents under Order XIII, rule 4.

(27) To sign and seal all decrees and orders of the Court.

(28) To make necessary orders on all applications for execution including orders for transfer or decrees to other Courts, but excluding cases in which execution is sought against the person and property of the judgment-debtor simultaneously.

[(28A) To pass orders on notices under rule 22 of Order XXI in the First Schedule to the Code of Civil Procedure, 1908, only when the person to whom the notice thereunder is served does not appear or offer any objection to the execution.]

(29) To execute documents in the name of the Court under Order XXI, rules 34-5 or rule 80.

(30) To record the evidence of a witness whose examination is ordered by the Court or a Judge under Order XVIII, rule 16 or. Order XXVI, rule 1.

(31) To sign certificates issued to judgment-debtors under Order XXI, rule 83(2) and certificates of sale issued to auction purchasers under Order XXI, rule 94.

(32) To accept or reject the security or surety to be furnished or offered pursuant to an order of the Court or a Judge.

(33) To transfer suits, upon written application of parties, from the list of short causes to the list of long causes.

(34) To grant adjournments in short causes pending for a period not more than twelve months.

(35) To issue notice to the garnishee in the case of any debt (not secured by a negotiable instrument), any moveable property not in the possession of the judgment-debtor or any negotiable instrument attached under Order XXI, rule 46, 51 or 52, to show cause why he should not pay or deliver into the Court the debt due from or the property deliverable by him to the judgment-debtor.

(36) To pass orders for short service of Chamber Summons.

(37) To pass orders on applications for the delivery by any Advocates of deeds, documents and papers.

(38) To pass orders regarding delivery of interrogatories to any member or officer of a corporation or a body of persons under Order XI, rule 5.

(39) To pass orders on applications under Order XI, rule 8.

(40) To receive affidavit of next friend to bring a suit.

(41) To pass orders for short service of Notice of Motion.

(42) To pass orders for enlarging time for filing interrogatories, cross-interrogatories and re-interrogatories.

[(42A) To pass final decrees and orders in suits and proceedings (including interlocutory proceedings) by consent of the parties, except where leave under rule 7 of Order XXXII in the First Schedule to the Code of Civil Procedure, 1908, is necessary.

(42B) To pass orders for dismissal of suits and proceedings (including interlocutory proceedings) for want of prosecution before the settlement of issues.

(42C) To pass orders for withdrawal of suits and proceedings as settled out of Court before the settlement of issues.

(42D) To pass decrees or orders on admission.

(42E) To pass orders for abatement of suits arid proceedings where there is no contest.

(42F) To pass orders for refund of fees under the Bombay Court-fees Act, 1959, and the notifications issued thereunder.]

(43) To pass orders for withdrawal and change of Advocates from the conduct of any suit or matter.

(44) To pass orders in such other matters in Chambers as are not expressly required to be disposed of by a Judge in Chambers:

Provided that where any matter appears to the Registrar to be, proper for the decision of a Judge, or if any party so desires, he may refer the same to the Judge by putting it either in the Chamber List or the Court List as he thinks proper and the Judge may either dispose of the matter or refer the same back to the Registrar with such directions as he may think fit.

G.N., H.D., No. 5824/5, dated 14th August, 1948 (B.G., Part 1, page 3811) – In exercise of the powers conferred by sub-section (2) of section 11 of the Bombay City Civil Court Act, 1948 (Bombay XL of 1948), the Government of Bombay is pleased to direct that the part of the institution fee as specified in column 2 of the Schedule hereto annexed shall be repaid to the plaintiff by the Court in the suits disposed of under the circumstances specified in column 1 of the said Schedule.

Schedule

1 2
1. In Summary Suit under Order XXXVII in the First Schedule to the Code of Civil Procedure, 1908, where leave to defend is refused or where the defendant does not appear. Two-thirds.
2. Suit the claim in which is admitted but only time or Instalment for payment is asked for. Two-thirds
3. Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues or recording of any evidence. Two-thirds
4. Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court. Two-thirds
5. Suit in which the plaint is rejected without issuing summons to the defendant as not disclosing any cause of action, or as barred by the Law of Limitation. Three-fourths
6. Suit in which judgment is given on admission under rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence, Two-thirds of the amount of institution fee of the claim admitted.

G.N., H.D., No. 5825/5, dated 14th August, 1948 (B.G., Part 1, page 3811) – In exercise of the powers conferred by sub-section (2) of section 18 of the Bombay City Civil Court Act, 1948 (Bombay XL of 1948), the Government of Bombay, after consultation with the High Court, is pleased to make the following rules:-

Rule 1. All court fees paid by the Plaintiff in the High Court in respect of a suit or proceedings transferred to the City Court shall be assessed by the Registrar of the City Court who shall issue an allocature in respect thereof; and credit shall be given to the plaintiff for the amount mentioned in the allocature towards the institution fee payable by him. In case of any doubt or dispute, the matter shall be referred to a Judge of the City Court, whose decision in the matter shall be final.

Rule 2. As regards fee for the Attorney and the Counsel the Registrar shall tax and allow all such costs and out of pocket expenses except those covered by rule 1 above, as shall have been properly incurred by the Attorney up to the date of the transfer of the suit or proceeding to the City Court and all such fee shall be fixed and allowed to the Advocate after the date of such transfer as in the opinion of the Registrar, shall be commensurate with the work done by him thereafter, having regard to the Scale of Fee sanctioned for the Advocate in the City Court by the High Court.

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