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CHAPTER III
ORDINARY JURISDICTION
SECTIONS
18. Extent of original jurisdiction of District or Joint District
Judge
19. Extent of jurisdiction of Senior Assistant Judge, etc.
20. Appeal from District and Additional District Judges
21. Appeal from Joint District Judge, etc.
CHAPTER IV
SPECIAL JURISDICTION
Throughout this Act, except otherwise provided, the words “Bangladesh”,
“Government”, “Taka” and "High Court Division" were substituted, for the words
“East Pakistan”, “Provincial Government”, “rupees” and "High Court" respectively
by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration)
Act, 1973 (Act No. VIII of 1973).
1
The words “East Bengal” were omitted by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
2
The word “thereof” was substituted, for the words “of that province” by section 3
and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973
(Act No. VIII of 1973).
3
The words “of East Pakistan” were omitted by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
Civil Courts Act, 1887 247
1
The words “or East Bengal Civil Court Act” were inserted by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No.
VIII of 1973).
2
Section 3 was substituted, for section 3 by section 2 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
3
Section 4 was substituted, for section 3 by section 3 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
4
The words “Joint District” were substituted, for the word “Subordinate” by section
4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
248 Civil Courts Act, 1887
may be, the High Court Division may fill up the vacancy or
appoint the Additional District Judges or 1[Joint District] Judges.
1
The words “Joint District” were substituted, for the word “Subordinate” by section
4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Additional District” were substituted, for the word “Additional” by
section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
Civil Courts Act, 1887 249
1
The words “Additional District” were substituted, for the word “Additional” by
section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).
2
The words “Joint District” were substituted, for the word “Subordinate” by sections
6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
250 Civil Courts Act, 1887
1
The words “Joint District” were substituted, for the word “Subordinate” by sections
7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Senior Assistant Judges or Assistant Judges” were substituted, for the
words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
3
The words “Senior Assistant Judge or Assistant Judge” were substituted, for the
words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
Civil Courts Act, 1887 251
1
The words “Joint District” were substituted, for the word “Subordinate” by section
8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Senior Assistant Judges or Assistant Judges” were substituted, for the
words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
3
The words “Senior Assistant Judge or Assistant Judge” were substituted, for the
words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
4
The words “Joint District Judge or Senior Assistant Judge or Assistant Judge is a
Joint District Judge or Senior Assistant Judge or Assistant Judge” were substituted,
for the words “Subordinate Judge or Assistant Judge is a Subordinate Judge or
Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No.
XLIX of 2001).
252 Civil Courts Act, 1887
Seals of Courts 16. Every Civil Court under this Act shall use a seal of
such form and dimensions as are prescribed by the Government.
Continuance of 17. (1) Where any Civil Court under this Act has from any
proceedings of
Courts ceasing cause ceased to have jurisdiction with respect to any case, any
to have proceedings in relation to that case which, if that Court had not
jurisdiction
ceased to have jurisdiction, might have been had therein may be
had in the Court to which the business of the former Court has
been transferred.
CHAPTER III
ORDINARY JURISDICTION
1
The words “Joint District” were substituted, for the word “Subordinate” by section
9 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
Civil Courts Act, 1887 253
1
[19. Save as otherwise provided by any enactment for the Extent of
jurisdiction of
time being in force, the jurisdiction of a Senior Assistant Judge Senior
and an Assistant Judge shall extend to all suits of which the Assistant
Judge, etc.
value does not exceed four lac Taka and two lac Taka
respectively.]
3
20. (1) Save as otherwise provided by any enactment for [Appeal from
District and
the time being in force, an appeal from a decree or order of a Additional
District Judge or 2[Additional District] Judge shall lie to the District Judges]
High Court Division.
1
Section 19 was substituted, for the former section 19 by section 10 of the Civil
Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Additional District” were substituted, for the word “Additional” by
section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
3
The marginal heading was substituted, for the former marginal heading by section
11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
4
The words “Joint District” were substituted, for the word “Subordinate” by section
12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001),.
5
The marginal heading was substituted, for the former marginal heading by section
12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
6
The words “Five lac Taka” were substituted, for the words “one lac and thirty
thousand Taka” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No.
XLIX of 2001).
254 Civil Courts Act, 1887
1
The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the
words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
2
The words “Additional District” were substituted, for the word “Additional” by
section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
3
The words “Joint District” were substituted, for the word “Subordinate” by sections
12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
4
The marginal heading was substituted, for marginal heading by section 13 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
5
The words “Senior Assistant Judges or Assistant Judges” were substituted, for the
words “Assistant Judges” by section 13 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
Civil Courts Act, 1887 255
1
The words “Joint District” were substituted, for the word “Subordinate” by section
14 (ka) of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Senior Assistant Judge or Assistant Judge” were substituted by section
14 (ka), for the words “Assistant Judge” of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
256 Civil Courts Act, 1887
1
The words “Joint District” were substituted, for the word “Subordinate” by sections
14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2
The words “Senior Assistant Judge or Assistant Judge” were substituted, for the
words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
3
The word “Provincial” was omitted by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
Civil Courts Act, 1887 257
4
suits, cognizable by such Courts, up to such value not exceeding [Senior
1
[twenty thousand Taka in the case of a 2[Joint District] Judge or Assistant
Judges or
ten thousand Taka in the case of 3[a Senior Assistant Judge or Assistant
six thousand Taka in the case of an Assistant Judge]] as it thinks Judges] with
Small Cause
fit, and may withdraw any jurisdiction so conferred: Court
jurisdiction
Provided that the Government may, by notification in the
official Gazette, delegate to the High Court Division its powers
under this section.
5
[25A. Where in any other law for the time being inforce Reference of
Judges in other
any reference is made to Additional Judge, or Subordinate laws.
Judge, or Assistant Judge, the reference shall be construed
respectively as to Additional District Judge, or Joint District
Judge, or Senior Assistant Judge or Assistant Judge as the case
may be.]
1
The words, brackets and figures “twenty thousand Taka in the case of a Subordinate
Judge or ten thousand Taka in the case of an Assistant Judge whose jurisdiction has
been extended under sub-section (2) of section 19 or six thousand Taka in the case
of any other Assistant Judge” were substituted, for the words, brackets and figure
“ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the
case of an Assistant Judge whose jurisdiction has been extended under sub-section
(2) of section 19 or three thousand Taka in the case of any other Assistant Judge”
by section 4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990).
2
The words “Joint District” were substituted, for the word “Subordinate” by section
16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
3
The words “a Senior Assistant Judge or six thousand Taka in the case of an
Assistant Judge” were substituted, for the words “an Assistant Judge whose
jurisdiction has been extended under sub-section (2) of section 19 or six thousand
Taka in the case of any other Assistant Judge” by section 16 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
4
In the marginal heading the words “Senior Assistant Judges or Assistant Judges”
were substituted, for the words “Assistant Judges” by section 16 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
5
Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001
(Act No. XLIX of 2001).
258 Civil Courts Act, 1887
CHAPTER VII
SUPPLEMENTAL PROVISIONS
Power to
confer powers 36. (1) The Government may invest with the powers of
of Civil Courts any Civil Court under this Act, by name or in virtue of office,
on officers
Clause (a) [Omitted by the Governor General Order 4 of
1949, Schedule.]
38. (1) The presiding officer of a Civil Court shall not try Judges not to
try suits in
any suit or other proceeding to which he is a party or in which which they are
he is personally interested. interested
1
The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and
2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act
No. VIII of 1973).
2
The words, figures and comma “section 24 of the Code of Civil Procedure, 1908”
were substituted, for the words and figure “section 25 of the Code of Civil
Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and
Declaration) Act, 1973 (Act No. VIII of 1973).
260 Civil Courts Act, 1887
Subordination 39. For the purposes of the last foregoing section the
of Courts to
District Court presiding officer of a Court subject to the administrative control
of the District Judge shall be deemed to be immediately
subordinate to the Court of the District Judge, and, for the
purposes of the Code of Civil Procedure 1908, the Court of such
an officer shall be deemed to be of a grade inferior to that of the
Court of the District Judge.
Application of 40. (1) This section and sections 15, 32, 37, 38 and 39
Act to Courts
of Small apply to Courts of Small Causes constituted under the 1[* * *]
Causes Small Cause Courts Act, 1887.
(2) Save as provided by that Act, the other sections of this
Act do not apply to those Courts.
__________
1
The word “Provincial” was omitted by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).