THE ARUNACHAL PRADESH CIVIL COURTS ACT, 2021

No. LAW/LEGN-6/2021

12th April, 2021

to consolidate the law relating to Civil Courts and for establishment of various Civil Courts for speedy disposal of Civil cases in the State of Arunachal Pradesh and matters connected therewith and incidental thereto ; BE it enacted by the Legislative Assembly of the State of Arunachal Pradesh in the Seventy-second Year of the Republic of India as follows,-

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S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement :

(1) This Act may be called the Arunachal Pradesh Civil Courts Act, 2021

(2) It extends to the whole of the State of Arunachal Pradesh.

(3) It shall come into force on the date of its publication in the Official Gazette.

S.2 Definitions :

In this Act unless the context otherwise requires.

• (a) "Assistant Commissioner" means and includes Assistant Commissioner, Extra Assistant Commissioner, Sub-Divisional Officer and Circle Officer ;
• (b) "Civil court" means a court of a District Judge, a Court of and Additional District Judge, a Court of Civil Judge (Senior Division), a Court of Civil Judge (Junior Division) or a Customary Court including Village Authorities by whatever name called under the Assam Frontier (Administration of Justice) Regulation, 1945 ;
• (c) "Code" means the Code of Civil Procedure, 1908 (Act No. 5 of 1908) ;
• (d) "Customary Court" means Court of traditional council or authority of a village(s) indigenous to the State by whatever name called, and includes a court of village authority under section 5 of the Assam Frontier (Administration of Justice) Regulation, 1945.
• (e) "Deputy Commissioner" means Deputy Commissioner of a district and includes an Additiona
  

S.Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS

S.3 Classes of Civil Court :

In addition to the Courts established under any other law for the time being in force, there shall be established the following classes of Civil Courts in the State,-

• (a) Court of a District Judge ;
• (b) Court of an Additional District Judge ;
• (c) Court of a Civil Judge (Senior Division) ;
• (d) Court of a Civil Judge (Junior Division) ;
• (e) Customary Court.

S.4 Establishment of Courts of District Judge :

(1) There may be established by the Government, by notification, a court of the District Judge, in consultation with the High Court, for a district or more than one district.

(2) Each court of a District Judge shall be presided over by a Senior Judge to be called as District Judge.

S.5 Establishment of Courts of Additional District Judge :

(1) There may be established by the Government, in consultation with the High Court, such numbers of the Court of Additional District Judge for a district or more than one district as may be necessary.

(2) Each Court of an Additional District Judge shall be presided over by a Judge to be called as Additional District Judge.

S.6 Establishment of Courts of Civil Judge (Senior Division) :

(1) There may be established by the Government, in consultation with the High Court, such numbers of the Court of Civil Judge (Senior Division) for a district or more than one district as may be necessary.

(2) Each Court of a Civil Judge (Senior Division) shall be presided over by a Judge to be called as Civil Judge (Senior Division).

S.7 Establishment of Courts of Civil Judge (Junior Division) :

(1) There may be established by the Government, by notification in each District a Court of Civil Judge (Junior Division) or such number of Court of the Civil Judge (Junior Division) as may be necessary with such jurisdictions in consultation with the High Court.

(2) Each Court of a Civil Judge (Junior Division) shall be presided over by a Judge to be called as Civil Judge (Junior Division).

S.8 Location of Civil Courts :

(1) The place or places at which every Civil Court under this Act shall be fixed may, from time to time, be altered by the 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.

S.9 Seal of a Civil Court :

Every Civil Court under this Act, except the Customary Courts, shall use a seal which shall bear thereon the State emblem with the name of the Court in English language and shall be, in such form and of such dimensions as the Government may, in consultation with the High Court, by order determine.

S.10 Posting of District Judge, Additional District Judge, Civil Judge (Senior Division) and Civil Judge (Junior Division) :

(1) No person other than a person belonging to Grade-I in the Arunachal Pradesh Judicial Service shall be eligible to be posted as a District Judge or as an Additional District Judge.

(2) No person other than a person belonging to Grade-II in the Arunachal Pradesh Judicial Service shall be eligible to be posted as a Civil Judge (Senior Division) or as an Additional Civil Judge (Senior Division).

(3) No person other than a person belonging to Grade-III in the Arunachal Pradesh Judicial Service shall be eligible to be posted as a Civil Judge (Junior Division) or as an Additional Civil Judge (Junior Division).

Provided that :

(i) The Courts of Deputy Commissioner existing under the Assam Frontier (Administration of Justice) Regulation, 1945, in relation to administration of Civil Justice prior to commencement of this Act shall be deemed to be courts of District Judge under this Act in respect of appeals that lie from the Customary Courts until such time, su

S.Chapter III JURISDICTION OF CIVIL COURTS

S.11 Local limits of jurisdiction :

(1) The Government may, by notification, fix and from time to time vary the local limits of jurisdiction of any Civil Court under this Act in consultation with the High Court.

(2) The local limits of jurisdiction of a Civil Court existing immediately prior to the commencement of this Act shall, until it is fixed under this Act be deemed to be the local limits of jurisdiction of that Court.

S.12 Jurisdiction of a Court of District Judge and Additional District Judge :

(1) A Court of District Judge and where Court of Additional District Judge is available, such Court, shall be deemed to be the Civil court of original jurisdiction within the local limits of respective jurisdiction.

(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 and the Court of Additional District Judge shall, subject to the general control of the High Court, have administrative control over all other Civil Courts within the local limits of respective jurisdiction.

S.13 Jurisdiction of a Court of Civil Judge (Senior Division) :

The jurisdiction of the court of a Civil Judge (Senior Division) shall extend to all original suits and proceedings of a civil nature as prescribed in Code of Civil Procedure, 1908.

S.14 Jurisdiction of a Court of Civil Judge (Junior Division) :

The jurisdiction of a Court of Civil Judge (Junior Division) shall extend to all original suits and proceedings of a civil nature, and subject to the provisions of the Code of Civil Procedure, 1908 or any other law for the time being in force, the pecuniary jurisdiction of the Court of Civil Judge (Junior Division) shall extend to all Civil suits which do not exceed rupees ten lakhs or as may be prescribed by the Government in consultation with the High Court.

S.15 Appeals etc. :

(1) Appeals from the decree or order passed by a Court of District Judge and Courts of an Additional 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 Civil Judge (Senior Division) in original suits and proceedings of civil nature, shall when such appeals are allowed by law, lie to the Court of the District Judge of that district or in the Court of Additional District Judge where such Court exists or the High Court as the case may be.

(3) Appeals from the decree or order passed by a Court of Civil Judge (Junior Division) in original suits or proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the Court of Civil Judge (Senior Division) of the district.

Provided that, any appeal on civil suits pending in the Courts of Deputy Commissioner shall be disposed of by the concerned Deputy Commissio

S.16 Power to require witness or party to make oath or affirmation :

Every civil court other than a customary court under this Act shall require a witness or party to any suit or other proceedings pending in such court to make such oath or affirmation as prescribed by law for the time being in force.

S.17 Judges not to try suits in which they are interested etc. :

(1) No Judicial Officer or authority of customary court shall try any suit to, or in which he/she is a party or personally interested.

(2) No Judicial Officer or authority of customary court shall try any appeal against any decree or order passed by him/her in any other capacity.

(3) When any such suit, proceedings or appeal comes before any such Judicial Officer he shall report the circumstances to the court to which he/she is immediately subordinate. The said superior court shall thereupon dispose of the case in the manner prescribed by section 24 of the Code.

S.18 Application of the Code :

The procedure prescribed in the Code shall, save in so far as is otherwise provided by this Act, be the procedure followed in all civil courts except the Customary Courts.

S.Chapter V MISCELLANEOUS

S.19 Temporary vacancy of office of District Judge :

In the event of the death of the District Judge or of his/her being prevented from performing his/her duties by illness or otherwise or of his/her absence on leave from the station in which his/her court is held, the Additional District Judge of the district and if there are more than one Additional District Judge, the senior most among them and if there are no Additional District Judge in the district, the senior most Civil Judge (Senior Division) in the district, shall, without interruption to his/her ordinary duties assume charge of the office of the Court of District Judge and while so in charge, perform the duties of the District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of plaints and the like, and shall continue in charge of the said court until the same is resumed by a Judge duly posted thereto.

S.20 Temporary vacancy of office of Civil Judge (Senior Division) or Civil Judge (Junior Division) :

S.27 Amendment of the Assam Frontier (Administration of Justice) Regulation, 1945 (No. 1 of 1945)

(1) In the Assam Frontier (Administration of Justice) Regulation, 1945 (No. 1 of 1945), hereinafter referred to as the Principal Regulation, from the date of commencement of this Act;-

• (i) In section 15, the words "the Deputy Commissioner, the Assistant Commissioner and" shall be deleted.
• (ii) Sections 16, 17 shall be deleted.
• (iii) In section 24, for the words, "Assistant Commissioner", the words "District Sessions Court" shall be substituted.
• (iv) Sections, 25, 26, 27 and 28 shall be deleted.
• (v) In section 36, the words "the deputy Commissioner, the Assistant Commissioner and" shall be deleted.
• (vi) Sections 37, 38 and 39 shall be deleted.
• (vii) In section 40, for the existing entries, the following shall be substituted ;- "The village authorities shall try all suits without limit of value, in which both the parties are indigenous to the State of Arunachal Pradesh".
• (viii) In section 41, for the words an
  

S.28 Validation

(1) The previous operation of the Assam Frontier (Administration of Justice) Regulation, 1945 as amended from time to time, and anything done or any action taken thereof 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 to be in force unless and until the same is altered or amended.

(2) Notwithstanding anything contained in any other law for the time being in force, any proceeding, suit pending in any Civil Court before commencement of this Act or any decree, orders passed by any such court shall be valid.

S.29 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provisions of the Act remove such difficulty.