CITY CIVIL COURT ACT, 1953

S.1 Short title and commencement

       (1) This Act may be called the City Civil Court Act, 1953.

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

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context,
       (1) "Chief Judge" means the Chief Judge of the City Civil Court, appointed under sub-section (1) of section 4;

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

       (3) "City of Calcutta" means the area comprised within the local limits for the time being of the ordinary original civil jurisdiction of the High Court;

       (4) "High Court" means the High Court at Calcutta;

       11. Clause (5) subs, by W.B. Act 12 of 1999. (5) "proceeding" incl

S.3 Establishment of City Civil Court

       (1) The State Government may, by notification in the Official Gazette, establish a Civil Court to be called the City Civil Court.

       (2) The City Civil 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 for the High Court and of the Code of Civil Procedure, 1908.

S.4 Appointment of Judges

       (1) There shall be appointed a Chief Judge of the City Civil Court and as many other Judges of that Court as the State Government thinks fit.

       (2) Each of the Judges of the City Civil Court may exercise all or any of the powers conferred on that Court by this Act or by any other law for the time being in force.

S.5 Jurisdiction

       (1) The local limits of the jurisdiction of the City Civil Court shall be the City of Calcutta.

       (2) Subject to the provisions of sub-sections (3) and (4), 4* * * the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try suits and proceedings of a civil nature, not exceeding 5[rupees ten lakhs] in value.

       66. Sub-sec. (3) subs, by W. B. Act 60 of 1980. (3) The City Civil Court shall have jurisdiction and the High "Court shall not have jurisdiction to try any proceeding under

       (i) the Guardians and Wards Act, 1890,
       (ii)77. Words, figures and brackets om. by W.B. Act 19 of 1

S.6 Procedure

Save as otherwise provided in this Act, the Code of Civil Procedure, 1908, shall apply to all suits and proceedings under this Act so far as it is consistent with this Act.

S.7 Law to be administered by the City Civil Court

All questions, other than questions relating to procedure or practice, which arise in suits or proceedings before the City Civil Court, shall be dealt with and determined according to the law for the time being administered by the High Court 88. Words om. by W.B. Act 12 of 1999. *******

S.8 Appeal

       (1) An appeal shall lie to the High Court from

       (a) every decree passed by the City Civil Court; and
       (b) every order passed by the City Civil Court being
       (i) an order specified in sub-section (1) of section 104 of the Code of Civil Procedure, 1908, and in particular, in Order XLIII of the First Schedule to the Code of Civil Procedure, 1908, or an order under clause (i) or clause (ii) of section 14, or
       (ii) any other order, from which an appeal lies to the High Court under any law.


       (2)

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S.8(a) Revision

A revision arising out of a suit or proceeding for the recovery of possession of any premises under the West Bengal Premises Te- nancy Act, 1956, shall lie to the City Civil Court.
Explanation. For the purposes of this section, "City Civil Court" shall be deemed to be a District Court within the meaning of section 115A of the Code of Civil Procedure, 1908.

S.9 Power of High Court to remove suit or proceeding to itself

Omitted by W.B. Act 35 of 1969.

S.10 Power of Chief Judge in respect of distribution of business, and transfer and withdrawal of suits or proceedings

       (1) The Chief Judge may make such arrangements as he thinks fit for the distribution of business of City Civil Court among the Judges thereof.

       (2) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or if he is of opinion that it is necessary so to do in order to ensure proper distribution of business or in order to give effect to the provisions of section 11, then of his own motion and without such notice, the Chief Judge may at any stage

       (a) transfer any suit or proceeding pending before him for trial or disposal to any other Judge of the City Civil Court, or
       (b) withdraw any suit or proceeding pending before any other Judge

S.11 No Judges to try suits or proceedings in which he is interested

       (1) The Chief Judge, or any other Judge of the City Civil Court, shall not try any suit or proceeding to which he is a party or in which he is directly or indirectly interested.

       (2) When any such suit or proceeding comes before the Chief Judge, he shall of his own motion forthwith transfer it under section 10, to another Judge of the City Civil Court.

       (3) When any such suit or proceeding comes before any other Judge of the City Civil Court, he shall of his own motion forthwith transmit the record of such suit of proceeding to the Chief Judge with a report of the circumstances and the Chief Judge shall deal with such suit or proceeding under section 10.

S.12 Temporary charge of office of Chief Judge

       (1) In the event of the death, resignation or removal or absence on leave of the Chief Judge or of his being incapacitated by illness or otherwise from the performance of his duties, or of his absence from the City of Calcutta, the Judge of the City Civil Court next in order of seniority according to the period of 11[service in the West Bengal Higher Judicial Service], who may be present, shall, without relinquishing his ordinary duties, assume charge of the office of the Chief Judge, and shall continue in charge thereof until the office is resumed by the Chief Judge or assumed by a person appointed thereto.

       (2) While in charge of the office of the Chief Judge, such Judge may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the Chief Judge.
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S.13 Vacancy in the office of a Judge other than the Chief Judge

       (1) In the event of the death, resignation or removal or absence on leave of a Judge of the City Civil Court other than the Chief Judge, or of his being incapacitated by illness or otherwise from the performance of his duties or of his absence from the City of Calcutta, the Chief Judge may transfer all or

       (2) Suits and proceedings transferred under sub-section (1) shall be disposed of in the manner provided in sub-section (2) of section 10.

S.14 Return of plaint for want of jurisdiction and provision for crediting fees already paid

       If at any stage of a suit or proceeding instituted in the High Court or the City Civil Court, such Court finds that for want of jurisdiction it cannot, or will not be able to, entertain or decide the suit or proceeding and that it should have been instituted in the City Civil Court or the High Court, as the case may be, the High Court or the City Civil Court shall,
       (i) order the plaint or the application to be returned for presentation to the City Civil Court or the High Court, as the case may be; and

       (ii) order that in the levy of any court-fee payable by a party to a suit or proceeding in connection with the suit or proceeding in the City Civil Court or the High Court, as the case may be, credit shall be given for any court-fee already paid by such party in connection with the suit or pro

S.15 Appointment of Registrar and of clerks and other ministerial officers and their duties

       (1) The State Government shall appoint a person to be the Registrar of the City Civil Court.

       (2) The State Government shall fix the number of clerks and other ministerial officers for the City Civil Court. The appointment of such clerks and other ministerial officers shall be made by the State Government or, if in any class or classes of cases the State Government so directs, by the Chief Judge.

       (3) Subject to the superintendence of the High Court, the Chief Judge shall have administrative control over the Registrar of the City Civil Court, and the clerks and ministerial officers referred to in sub-section (2), and may frame regulations prescribing the duties of such Registrar, clerks and ministerial officers.

S.16 Holidays and vacation

       (1) The Chief Judge shall, before the commencement of each year, draw up a list of holidays and vacations to be observed in the City Civil 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.

S.17 Attorneys entitled to act and plead in the City Civil Court

       (1) All persons entered as attorneys-at-law on the roll of the High Court shall be entitled to act and plead in the City Civil Court.

       (2) The provisions of sub-section (1) shall be in addition to and not in derogation of any law entitling a person to act and plead, or to plead, as the case may be, in the City Civil Court.

S.18 Seal

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

S.19 Rules

       (1) The High Court may, from time to time, with the approval of the Governor, make rules for the purpose of giving effect to the provisions of this Act.

       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely,

       (a) the practice and procedure of the City Civil Court, so far as such rules are not inconsistent with the provisions of this Act as read with the Code of Civil Procedure, 1908;
       (b) registers, books, accounts and other records to be maintained by the City Civil Court;
       (c) returns, statements and other information to be submitted by the City Civil Court fro

S.20 Saving of suits and proceedings pending in High Court

Nothing in this Act shall affect any suit or proceeding pending in the High Court on the date on which this Act comes into force, and every such suit or proceeding shall be continued as if this Act had not been passed.

S.21 Act to override other law including Letters Patent

The provisions of this Act shall have effect notwithstanding anything to the contrary in any other law, including in particular the Letters Patent of the High Court.

S.22 Amendments to certain enactments

The enactments specified in the Second Schedule are hereby amended in their application to West Bengal to the extent and in the manner mentioned in the fourth column of such Schedule.

Sch.1

       SCHEDULE[See section 5 (4).] SCHEDULE.

       [See section 5 (4).]

       1. Suits and proceedings triable by the High Court as a Court of Admiralty or

       Vice-Admiralty, or as a Colonial Court of Admiralty. 13* *******

       10. Suits and proceedings

       (i) under the Indian Companies Act, 1913, or the Banking Companies Act, 1949, or

       (ii) relating to or arising out of the constitution, incorporation, manageme

Sch.2

       (See section 22.)



       Year
        Number
        Short Title
        Amendments

       1
        2
        3
        4




        Acts of the Central Legislature

&n

Sch.3

       (See section 274(2).]

       FORM OF CERTIFICATE

        I., A. B .............. hereby certify that on the day of ..... , ...... granted probate of the will (or letters of administration

       of the estate) of C.D., late of ............ deceased, to E. F. of .. and G.H. of ............ and that such probate (or letters) has (or have) effect over all the property of the deceased throughout India.".

       Acts of the West Bengal Legislature

       1956
        XII T