THE GUJARAT CIVIL COURTS ACT, 2005

THE GUJARAT CIVIL COURTS ACT, 2005



THE GUJARAT CIVIL COURTS ACT, 2005.
I N D E X
C O N T E N T S
Sections
Page
No.
CHAPTER I
PRELIMINARY
Short title, extent and
1.
3
commencement.
Definitions.
2.
4
CHAPTER II
ESTABLISHMENT AND
CONSTITUTION OF CIVIL
COURTS
Classes of civil courts.
3.
4
Establishment of courts of District
4.
Judges.
Establishment of courts of Senior
5.
5
Civil Judges.
Establishment of courts of Civil
6.
5
Judges.
Location of Civil Courts.
7.
6
Seal of a civil court.
8.
6
Existing courts, their location and
9.
6
seat to be deemed to be established,
fixed and determined under this Act.
Posting of District Judges, Senior
10.
5
Civil Judges and Civil Judges
.
CHAPTER III
JURISDICTION OF CIVIL
COURTS
Local limits of jurisdiction.
11.
7
Jurisdiction of a court of District
12.
7
Judge.

2
Jurisdiction of a court of Senior Civil
13.
7
Judge.
Jurisdiction of a court of Civil Judge.
14.
7
Appeals.
15.
8
Power to require witness or party to
16.
make oath or affirmation.
Investment of small cause powers to
17.
8
courts of Senior Civil Judges or Civil
Judges.
Judges not to try suits in which they
18.
9
are interested, etc.
Application of the Code.
19.
10
CHAPTER IV
MISCELLANEOUS
Temporary vacancy of office of
20.
10
Principal District Judge.
Temporary vacancy of office of
21.
10
Principal Senior Civil Judge or
Principal Civil Judge.
Vacation and holidays.
22.
10
Subordination of civil courts.
23.
11
Power to invest Senior Civil Judges
24.
11
with jurisdiction under certain Acts.
Fees for process.
25.
12
Mode of conferring powers.
26.
12
Government suits.
27.
12
Constitution of consultative
28.
12
committee.
Power of High Court to make rules.
29.
12
Repeal and savings.
30.
13
Power to remove difficulties.
31.
14

3
The following Act of the Gujarat Legislature, having been assented to by
the Governor on the 23
March, 2005 is hereby published for general information.
r d
S.S. PARMAR,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 21 OF 2005.
(First published, after having received the assent of the
Governor in the “
Gujarat Government Gazette
”, on the 23
rd
March, 2005).
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.
Short title, extent
(1) This Act may be called the Gujarat Civil Courts Act, 2005.
and
commencement.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may,
by notification in the
Official Gazette
, appoint.

4
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;
(c) “Code” means the Code of Civil Procedure, 1908;
5 of 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 Civil
Judge;
(h) “notification” means a notification published in the
Official Gazette
;
(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
3.
In addition to the courts established under any other law for the time
Classes of civil
being in force, there shall be following classes of civil courts in the State,
courts.
namely
:-
(a) court of a District Judge;
(b) court of a Senior Civil Judge;
(c) court of a Civil Judge.
4.
(1) There shall be established by the State Government, in
Establishment
consultation with the High Court, by notification, in each district, a court of
of courts of
District Judges.
a District Judge.

5
(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 func tions, he shall exercise all the powers of the court of a
District Judge.
5.
(1) There shall be established by the State Government, in
Establishment
consultation with the High Court, by notification, in each district, a court of
of courts 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 .
6.
(1) There shall be established by the State Government, by
Establishment
notification
,
in each district such number of courts of Civil Judges as
of courts of
may be fixed by the State Government in consultation with the High
Civil Judges.
Court and specify the local limits of jurisdiction of each such court.

6
(2) Each court of a Civil Judge shall be presided over by a Judge to be
called as Principal Civil Judge.
(3) (i) When the business pending before a court of 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
thereon the State Emblem and shall be, in such form, of such dimensions
civil court.
and 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,
their location
appointed date, shall, with effect from the appointed date, be deemed to be
and seat to be
Courts of District Judges established under this Act.
deemed to be
established,
(2) The Courts of Civil Judge (Senior Division), existing immediately
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 determined 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.

7
10.
(1)
No person other than a person belonging to the cadre of
Posting 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
11.
(1)
The State Government may, in consultation with the High
Local limits of
Court, by notification, fix and vary, from time to time, the local limits of
jurisdiction.
jurisdiction of any civil court under this Act.
(2)
The local limits of jurisdiction of a civil court, existing immediately
prior to the appointed date, shall be deemed to be the local limits of
jurisdiction of that court.
12.
(1)
A Court of District Judge shall be the principal civil court of
Jurisdiction of
original jurisdiction within the local limits of its jurisdiction.
a court of
District Judge.
(2)
Subject to the provisions of the Code, the jurisdiction of a 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 jurisdiction.
13.
The jurisdiction of the court of a Senior Civil Judge shall extend to
Jurisdiction
of a court of
all original suits and proceedings of a civil nature, subject to such rules as
Senior Civil
the High Court may, from time to time make in this behalf.
Judge.
14.
The jurisdiction of a Court of Civil Judge shall extend to all original
Jurisdiction
of a court of
suits and proceedings of a civil nature, not otherwise excluded from the
Civil Judge.
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 or such other sum
as the High Court may, from time to time specify.

8
15.
(1)
Appeals from the decrees and orders passed by a Court of
Appeals.
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 -
(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 or such other
sum as the High Court may, from time to time, specify;
t
(b)
o the High Court in other cases.
(3)
Appeals from the decrees 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 oath or
affirmation as is prescribed by the law for the time being in force.
affirmation.
17.
(1)
The High Court may, by notification, invest, with such
Investment of
small cause
restrictions as it shall from time to time determine, any Court of Senior
powers to courts
Civil Judge or a Court of Civil Judge, with the jurisdiction for the trial of
of Senior Civil
suits cognizable by a Court of Small Causes established under the
Judges or Civil
9 of 1887.
Provincial Small Cause Courts Act, 1887 upto such amount as it may deem
Judges.
proper.
(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
(3)
(a) The provisions of the Provincial Small Cause Courts Act,
1887 applicable to Courts of Small Causes, shall apply to a court
9 of 1887.
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.
(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
Small 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 Small
Causes sends a decree for execution to itself as a court
invested with the jurisdiction of a Court of Small Causes,
the documents 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.
18.
(1)
No judicial officer shall try any suit in which he is a party or
Judges not to
personally interested or shall adjudicate upon any proceedings connected
try suits in
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.

10
19.
The procedure prescribed in the Code shall, save in so far as is
Application
of the Code.
otherwise provided by this Act, be followed in all civil courts.
CHAPTER IV
MISCELLANEOUS
20.
Temporary
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
absence on leave from the station in which his court is held, the Additional
Principal
District Judge of the distric t and if there are more than one Additional
District Judge.
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.
21.
Temporary
In the event of death, suspension or temporary absence of any
vacancy of
Principal Senior Civil Judge or Principal Civil Judge, the Principal District
office of
Judge may empower any Senior Civil Judge or Civil Judge in the district to
Principal Senior
perform such duties of such Principal Senior Civil Judge or Principal Civil
Civil Judge or
Judge, as the case may be, as specified in section 20 either at the place of
Principal Civil
such court or of his own court, but in every such case the registers and
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 may
Vacation and
be notified by the High Court as public holidays for the whole State or for
holidays.
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 Additional 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.

11
(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,
1963.
36 of 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 proceeding 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.
(3)
The State Government may, for discharging its functions and
responsibilities, require, through 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.
24.
(1)
The High Court may by general or special order invest any
Power to
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
a District Judge or a Court of District Judge, as the case may be, under the
jurisdiction
4 of 1869.
Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act,
under certain
39 of 1925.
1954, or the Guardians and Wards Act, 1890.
Acts.
43 of 1954.
8 of 1890.
(2)
Every order made by a Senior Civil Judge by virtue of the powers
conferred upon him under sub-section (1) sha ll 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

12
appeal to the High Court under the rules contained in the Code applicable to
appeals from appellate decrees.
25.
The High Court shall from time to time, with the sanction of the
Fees for
State Government, prescribe and regulate by rules, the fees to be taken for
process.
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.
26.
Except as otherwise provided any powers that may be conferred by
Mode of
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.
27.
(1) No subordinate court other than the court of a Senior Civil
Government
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.
28.
The High Court shall constitute a consultative committee for each
Constitution
district, consisting of such number of members and in such manner as may
of consultative
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.
29.
(1) The High Court may, after previous publication, by notification,
Power of High
make rules for carrying out the purposes of this Act.
Court to make
rules.
(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

13
authority who could investigate the breach of rules and impose
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 inconsistent 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
1869, in its application to the State of Guja rat, shall stand repealed.
savings.
Bom.XIV of 1869.
(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.
(3)
Notwithstanding 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 conne cted 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.

14
the Bombay Civil Courts Act, 1869 as if the Act had been an enactment
Bom. XIV of
within the meaning of the said section 7.
1869.
31.
(1) If any difficulty arises in giving effect to the provisions of this
Power to
remove
Act in consequence of the transition to the said provisions from the
difficulties.
provisions of any enactment or law in force immediately before the
commencement of this Act, the State Go vernment 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 commenceme nt of this Act.
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