{ "id": 16769, "slug": "gujarat-civil-courts-act-2005", "title": "The Gujarat Civil Courts Act, 2005", "short_title": "The Gujarat Civil Courts Act, 2005", "act_number": "Gujarat Act No. 21 of 2005", "act_year": 2005, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Gujarat Civil Courts Act, 2005", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"appointed date\" means the date appointed under sub-section (3) of section 1;\n(b) \"Civil Court\" means a Court of a District Judge, a Court of the Senior Civil Judge or a Court of Civil Judge;\n(c) \"Code\" means the Code of Civil Procedure, 1908 (5 of 1908);\n(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;\n(e) \"Government\" means the Government of Gujarat;\n(f) \"High Court\" means the High Court of Gujarat;\n(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 a Court of Civil Judge;\n(h) \"notification\" means a notification published in the Official Gazette ;\n(i) \" Official Gazette \" means Gujarat Government Gazette;\n(j) \"prescribed\" means prescribed by rules made under this Act;\n(k) \"service\" means the judicial service of the State.\nChapter II\nEstablishment and Constitution of Civil Courts", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Classes of civil courts.", "chapter": null, "content": "(a) Court of a District Judge;\n(b) Court of a Senior Civil Judge;\n(c) Court of a Civil Judge.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Establishment of courts of District Judges.", "chapter": null, "content": "(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 functions, he shall exercise all the powers of the Court of a District Judge.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Establishment of courts of Senior Civil Judges.", "chapter": null, "content": "(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.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Establishment of courts of Civil Judges.", "chapter": null, "content": "(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.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Location of civil court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Seal of a civil court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Existing courts, their location and seals to be deemed to be established, fixed and determined under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Posting of District Judges, Senior Civil Judges and Civil Judges.", "chapter": null, "content": "Chapter III\nJurisdiction of Civil Courts", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Local limits of jurisdiction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Jurisdiction of a court of District Judge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Jurisdiction of a court of Senior Civil Judge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Jurisdiction of a court of Civil Judge.", "chapter": null, "content": "[14A. Transfer of fending cases.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Appeals.", "chapter": null, "content": "(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, by notification, from time to time specify.]\n(b) to the High Court in other cases.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Power to require witness or party to make oath or affirmation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Investment of small cause powers to courts of Senior Civil Judges or Civil Judges.", "chapter": null, "content": "(b) Nothing in sub-clause (a) shall, with respect to the Courts invested with the jurisdiction of a Court of Small Causes, apply to suit instituted or proceedings commenced in those Courts prior to the date on which they were invested with that jurisdiction.\n(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\n(b) when a Court in 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 sends invested with the jurisdiction of a Court of Small Causes.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Judge, not to try suits in which they are interested, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Application of the Code.", "chapter": null, "content": "Chapter IV\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Temporary vacancy of office of Principal District Judge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Temporary vacancy of office of Principal Senior Civil Judge or Principal Civil Judge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Vacancy and holidays.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Subordination of civil courts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Power to invest Senior Civil Judges with jurisdiction under certain Acts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Fees for process.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Mode of conferring powers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Government suits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Constitution of consultative committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Power of High Court to make rules.", "chapter": null, "content": "(a) the manner in which the proceedings of each Civil Court shall be kept and recorded.\n(b) regulating the grant of certified copies of papers in Civil Court;\n(c) regulating the duties and functions of the ministerial officers of the Civil Courts;\n(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;\n(e) providing a penalty of such amount not exceeding five hundred rupees for breach of the rules made under clause (d) and the authority who could investigate the breach of rules and purpose of the penalty;\n(f) forms, books, registers, records and accounts to be maintained by the Civil Court;\n(g) payment of process fees in lump sum in advance along with the plant or otherwise;\n(h) the manner in which a consultative committee may be constituted for each district;\n(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.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Repeal and savings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 } ], "metadata": { "Act ID": "Last Updated 12th June, 2019 [guj023]", "Act Number": "Gujarat Act No. 21 of 2005", "Enactment Date": "", "Act Year": "2005", "Short Title": "The Gujarat Civil Courts Act, 2005", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:52:46" }