THE l\1ADHYA PRADESH CIVIL COURTS ACT, 1958

[No. XIX of 1958]

{l 7 J1</y, 1958]

CONTENTS

Sections

CHAPTER I

PRELIMINARY

I. Short title, extent and commencement

2. Definitions

CHAPTER II

CONSTITUTION OF CIVIL COURTS

3. Classes of Civil Courts

4. Civil Districts

5. Establishment of Civil Courts

6. Original j uri sdi c ticn of Ci vi l Courts

7. Principal Civil Courts of original jurisdiction

8. Appointment of additional Judges
9. Power to invest certain Ci vii Courts with Small Cause Court j uri sd ict ion

IO. Exercise of jurisdiction of District Court by Ci vii Judges in certain

proceedings

11. Jurisdiction under the Indian Divorce Act

12. Place of sitting of Civil Courts

CHAPTER III

APPELLATE JURISDICIION

J 3. Appellate jurisdiction

CHAPTER IV

1
 ADMINISTRATIVE CONTROL

and the Judges in the district

and control over Civil Courts
14. Superintendence

15. Power to distribute business

personally interested
16. Judges not to try cases in which they are

CHAPTER V

MISCELLANEOUS PROVISIONS

17 Repealed
in the office of the District Judge
18. Temporary vacancy

l 9. Delegation of powers of District Judge

20. Continuance of powers of officers

21. Vacations

22. Seal

23. Power to make rules

24. Repeals and savings

25. Transitional provisions

26. Construction of references

2 7. Pending suits and proceedings

27-A. Removal of difficulty

relating to Courts of Small Causes

28. Amendment of laws

SCHEDULE

2
 THE MADHYA PRADESH CIVIL COURTS ACT, 1958
[Act No. XIX of 1958]

(17 July, 1958J

AMENDING ACTS:

(i) M.P. Act No.3 of 1961. (ii) M. P. Act No. 5 of 19 7 9; f.

(iii) M.P. Act o. 7 of 1980,
w. e.
26-1-1979
(iv) M.P. Act No. 17 of 1982.
(v) M.P. Act No. 5 of 1994;
(vi) M.P. Act No. 14 of 1996; ("i9 tri·P· '--c? N-o • "Jr <fr .i.t,r1 ? 'hq
.a:rtd.-1
w.e.f. 1-2-1997. I 6 c'- ..2...0
L'liiy F\'\· p. h-t, f"tc. 1.1.J.
An Act to consolidate and amend the law relating Io Civil
Madhya Pradesh. Courts in

Be it enacted by the Madhya Pradesh Legislature in the Ninth Year of the

Republic of India as follows:-

CHAPTER 1

Preliminary
Short title, extent and
The
commencement.-( l) This Act may be called
Madhya Pradesh Civil Courts Act, 1958.

(2) It extends to the whole of Madhya Pradesh.

(3) lt shall come into force on such date, as the State Government
by notification, in the Official Gazette, may,
specify in this behalf.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) ..
cadre of Higher Judicial Service' means the cadre of District
and shall include the District
Judges
Judge, and Additional District Judge;
(b) "cadre of Lower Judicial Service" means the cadre of Civil Judges
consisting of Civil Judge Class I and Civil Judge Class II;
(c) Ow,Hf.(.,N .,'f r,,.p.? N°O· 14 Df° 19g4_ W·<-·f· \<2-\<f'37

(d) "value" with reference to suit

a or original proceedings means the
amount or value of the subject matter of such suit
proceedings.
or original

3
 CHAPTER II

OF CIVIL COURTS
CONSTITUTION
the Courts established
Courh.-[(l )]. In addition lo
3. Classes of Civil be the fo!lowing
in force, there shall
other law for the time being
under any
classes of Courts, name \y;-

The Court of the District Judge;

( 1}

(2)[xxx]
of the [Civil Judge Class 1]; and
(3) the Court

of the [Civil Judge Class II]

(4) the Court
by District
District Judge shall be presided over a

Court of the appoint

(2) Every Court and the High Court may also
be appointed by the High Service to exercise
Judge to cadre of Higher Judicial
District Judges from the
Additional
in the Court of the District Judge.
jurisdiction
Court of Civil Judge may be appointed
Judge to the
(3) An Additional
of Lower Judicial Service.
from the cadre
the Court of I [Additional
The Court of District Judge shall include include the
(4) I Class II shall
and the Court of Civil Judge Class or
District Judge]
of Additional Civil Judge to that Court.
Court
this Act, revenue district
For the purposes of a
4 Civil Districts.-( 1)
district;
shall also be the civil
the State Government
notified by
recommendation of the
the
Provided that the State Government may, on
civil
civil districts or create new
number of such
alter the limits or
High Court,
districts.
number of civil districts or
of the limits or the
the alteration shal] make
(2) Upon sub-section (1 ), the High Court
dvil districts under of suits,
creation of new
fit in respect of the transfer
it may deern
such consequential orders
as other courts
of existing districts to
from the Courts
appeals and proceedings result of such alteration or creation, as

acquiring territorial jurisdiction a as

matter ancillary, thereto,

also for any other
Government sha!I
Courts-The State
of Ch'il
S, Establlsbinent
establish-
Civil District; and
District Judge for each
(a) the Court of the
Class I and
of Additional District Judge Civil Judges
Courts fit.
(b) so many
each civil district, as it may think
Class II for
Civil Judge
4
 6. Original Jurisdiction of Civil
of any Jaw
Courts.-(1) Subject lo the provisions
for the lime being in force,-
(a) the Court of the Civil Judge Class II shall have jurisdiction to hear
and determine suit
any or original proceeding of a value not
exceeding [Rs. H,999];
5:,ao1oe-o
(b) the Court of the Civil Judge Class I shall have jurisdiction to hear
and determine suit
any or original proceeding of a value not
exceeding [Rs.?9,996-;J ,/(n)1cn,1{)<!>0
(e) the Court of the District Judge [x x x l. shall have jurisdiction
and to hear
determine any suit or original proceeding without restriction as
regards value.

(2) The local limits of the jurisdiction of the Courts specified in clauses
(a) and(b) of sub-section {l) shall be such as the State Government
notification, define. may, by

(3) Nothing in clauses (a), (b) and (c) of sub-section

suit or original proceeding instituted (1) shall affect any
before 26th January, 1979.
7. Principal Civil Courts of original
the District Judge shall be the Principal Civil
jurisdiction.-(1) The Court of
Court of original jurisdiction in
the civil district.

(2) Additional District Judge shall

District discharge any of the functions of
Judge, including the functions of
a

jurisdiction Principal Civil Court of original

which the District Judge may,
him
by general or special order, assign to
and in the discharge of such
functions he shall exercise the
the District same powers
Judge. as

8. Appointment of
additional Judges.-( 1) An Additional
Judges lo the Court
District of Judge or
Judge, Additional District Judge, Civil Judge
Class I or Civil
Judge Class II may, whenever it appears
expedient, be appointed to the Court of District
necessary or

Judge or Civil Judge Class I or Civil Judge or Additional District

such Additional
Judge Class II, as the case may be, and
Judge shall exercise the jurisdiction of the Court
appointed and the powers to which he is
of the Judge thereof,
orders of the authority subject to any general or special
by which he is appointed as to the Class
Suit which he may try, hear or determine. or Value of the

(2) An officer may be appointed

Courts
an Additional Judge of one
and Officer
an who is a Judge
or more
of one Court be appointed
Additional may
Judge of another Court or of other Courts.
an

9. Power toinvest certain Clvf l Courts with Small

jurisdictlon.-(1) The Cause Court
High Court may, by a notification,
Court with the iovest any civil
powers of a Court of Small Causes uoder the law for the time
being in force in any area relating to the Court of Small Causes. Such power

5
 within the limits of the Court's jurisdiction
exercisable in cases arising
shall be
within such limits.
or in any specified area

shall not exceed one

of small cause nature
The value of suits five hundred
(2) Court of a District Judge,
in the case of the
thousand rupees l and two hundred rupees
of the Court of a Civil Judge Class
rupees in the case IL
of the Court of a Civil Judge Class
in the case
Civil Judges In
of Dlslr\Ct Court by
JO. E1erdse of Jurisdiction special order,
Court may, by general
High
or

cerhln proceedlngs.-The cognii:ance of, and any District Judge

authorise any Civil Judge Class I to take proceeding or any
his control, any
transfer to a Civil Judge Class ll under under-
specified in such order, arising
to
cl ass of proceedings,
1925 (No. XXXIX of
the Indian Succession Act,
I to Vlll of
(a) Parts
! 925); or

1925 (No. XXXIX of 1925)

the Indian Succession Act,
(b) Part IX of
of by District Delegates; or
which cannot be disposed
1890 (No. VIU of 1890); or
Guardians and Wards Act,
(c) the

Act, 1920 (No. V of 1920).

the Provincial Insolvency
(d)
388 of the Indian
contained in Section
anything general
(2) Notwithstanding of 1925), the High Court may, by or

Succession Act, 1925 (No. XXXIX District Judge with

Inferior in grade to the
order, invest any Judge X of that Act.
special of a District Judge under Part
to exercise the functions
power
proceeding taken
withdraw any such
(3) The District Judge may
I under his control, and
Civil Judge Class
of by, or transferred lo, a
competent Court.
cognizance transfer it to any other
it of himself or
may either dispose
transferred to, a Civil Judge
taken cognizance of/by, or the
(4) Proceedings him, in accordance with
section shall be disposed of by Judge.
Class I under this
in the Court of the District
and rules applicable to like proceedings
law
Court of the
Indian Divorce Act.-The
under the original
11. Jurhdictlon and determine any
hear
District Judge shall have jurisdiction to
IV of 1869) and shall be
Indian Divorce Act, 1869 (No.
under the Di strict.
proceeding Court under that Act for the Ci vii
deemed to be the District
Court shall be held at
Clvil C rts .-(I) Every
g of
ou
12. Place of slttin direct or, in the
the High Court may, by notification, of the
such place or places as
within the local limits
such direction, at any place
absence of any
of the Court.
jurisdiction
this Act shall sit
Court established under
Additional Judge to a of the Court to
(2) Every local limits of the jurisdiction
at such place or places within the Court may direct.
Additional Judge, as the High
which he is an

6
 (3) The District Judge and other
previous
Judges of the district, may with the
sanction of the High Court and after due notice to the parties,
temporarily for taking sit
up particular case or class of
within the district. cases at any other place

7
 CHAPTER III

APPELLATE JURISDICTION
otherwise provided by any law
Jurhdiclion.-(1) Save as
13. Appellate orders of Courts exercising
appeals from decrees or
time being in force,
for the
lie follows
origi11al jurisdiction shall
as
-

II of
Court of the 'Civil Judge Class or
order of the
(a) from a decree or
of the District Judge;
Class II to the Court
the Civil Judge
District Judge to the High
of the Court of the
from decree or order
(b) a

Court.
the Court of the District
Court of the Civil Judge or
Explanation.-The that Court.
include Additional Judge to
Judge shall an

instituted or
the fact that a suit or proceeding was
order
(2) Notwithstanding 1979 and appeal against any decree or

commenced prior to 26th January, sub-section (!).

suit proceeding shall lie as provided in
passed in such or
before
section shall apply to any appeal instituted
in this
(3) Nothing
26th January, 1979.

8
 CHAPTER IV

ADMINISTRATIVE CONTROL
l4 Superintendence and control
the over CivU Courts
district-Subject to the general
and the Judges in
Court, the District superintendence and control of
Judge shall superintend and
the High
established including all
control all other Civil Courts
Additional Judges appointed
Act in the local to such Courts
area within his under this
func lions it shall jurisdiction, and in the
be bis duty to- discharge of such

(a) inspect or cause to be inspected the proceedings of

and offices under his the Courts, judges
control;
(b) give such administrative directions with respect
may think fit; and
to any matters as he

( c) cal! for such reports and returns from the subordinate

•
Judges in the district courts and
he may
as may be prescribed by the High Court
require for adn1inis trat]
ve
or as
purposes.
15 Power to distribute
contained in the Code of Ci vi businos.-( !) Not withstanding
to Courts
I Procedure,
190 8 (V of 1908 anything
of Small
Causes, for the time being in ), or the law relating
other provisions force in any
contained in this area, or in any
writing, direct Iha t any civil Act, the District Judge
business cognizable
may, by order in
Courts established under
by his Court or by other Ci vi
Section 5, in bis civi I di J
amongst himself and Additional strict, shall be distributed
other Courts Judges, if any, of his
under his Court, as also
control and amongst
Courts 'inter Se' in
amongst Additional Judges of
such manner he such other
as deems fit
Provided that, except
of
insofar as it may affect
a Court of Small the e:,;clusive
Causes, or of a Court invested jurisdiction
Court of Small with the j ur isdic
Causes, a direction given under this ti on of a
any Court to exercise section shall not
powers or deal with empower
pecuniary and notified business beyond the
territorial limits of its
jurisdiction.
(2) Any judicial act in
Court of any suit, appeal
competent jurisdiction, shall
or
proceeding, instituted in a
that not be invalid
such institution was not in
only by reason the fact
of
business accordance with the
referred to in sub-section order of di stri bu ti on of
( l).
(3) Whenever, it appears lo any Court,
that institution of as is referred to in sub-section
any suit, appeal (2)
conformity with the order
or
proceeding, pending before it,
of distribution in was not
(I), it shall of business made
submit the record under sub-section
of such suit, appeal or
may be, to the District proceeding,
Judge for appropriate as the case
relation thereto orders, and the District
may pass orders either Judge in
proper Court as per order of distribution
transferring the concerned record to
Court of competent of business or otherwise
j urisdic ti on. to any other

9
 under sub-section (I), the District
of civil business by rules,
(4) In distribution the High Court may,
be guided by such principles as

Judge shall
prescribe.
which they are personally Interested.-
Judges not to try cues In
determine any suit, appeal
16. shall hear or
Court under this Act
he is directly or
No Judge of a in which
(\) which he is a party or

or other proceeding to

indirectly interested.
any Civil before
suit, appeal or
other proceeding
the Judge
comes

(2) If any such Additional Judge of such

Court,
the
and his report regarding
before an
Court in the district or
record thereof
alongwith the of such
shall refer the case either dispose
to the District Judge, who may make it over or
attending circumstances
the limits of pecuniary jurisdiction, in the
himself or subject to of the Courts
case Additional Judge to any
it to another Court or
transfer disposal.
be, for
district, as the case may
befor;: the
appeal. or other proceeding comes
Additional
lf such suit, such case to any
(3) any
either make over the
himself, he may
alongwith his co111ments
on
District Judge the record
transmit orders.
Judge of his Court,
or
Court for appropriate
to the High
attending circumstances

10
 CHAPTER V

MISCELLANEOUS PROVISIONS
17. Repealed by 1'\•P· lkt- ? · !; of. 1g7g
18.
Temporary vacancy in the office of
event of death the District
of a District Judge his
Judge.-rn the
in the event of his being
absence or
from civil district
prevented from on leave or
other cause, senior performing his duties by illness or
the cadres, shall
most judge, according to cadre seniority as
assume charge of the District per hierarchy of
his ordinary du ti
and
Court, without interruption to
es; w h ii e so in chuge,
District Judge with respect shall perform the duties
to the of a
pleadings, petitions, execution filing of suits and appeals,
shall
of processes,
return
receiving
further have of writs and the like; and
power and jurisdiction to dispose of
matters of such
nature, as the High Court emergent
by rules prescribe
interlocutory
so incharge shall continue in such
may and the Judge
has been resumed charge until the office of the
or assumed by an officer District Judge
duly appointed thereto.
19', Delegation of powers of District
Ieav in g the headquarters Judge.-Any District
duty to any place within Judge
and proceeding
District, may delegate to the
on
his
senior most Additional
headquarter or where there is no
Judge of his Court at the
headquarters, the Additional Judge, to Ci vii
powers of
performing such
a
Judge at the
disposing of any duties
may be emergent as
emergent matters and of
such Judge shall
as may be specified under
be deemed to be Section 18 and
Judge. a judge in charge of the Court
of the District

20. Continuance
of powers of
office in the service any person
offlcers.-Where
of the Slate
Government
who has been
holding an
powers under this Act in vested
equal or higher office
throughoutany local area is transferred
with any
of the same or posted to an
unless nature within like local
the High Court a
he
otherwise directs or has otherwise
area, shall,
same powers in the local
area to which he is so transferred
directed_. exercise the
or posted.
21.
Vacations.-(1) Subject to the
High Court shall approval of the State
Government, the
prepare a list of days to be
in the Ci vi! observed in each
Courts subordi year holidays
nate thereto. as

{2) The list shall be published

Official Gazette. in the

(3) A judicial act done by a Court

under sub-section on a day specified
(2) shall not be invalid in a list published
done on that
day. by reason only of its having been

(4) The District Judge

for may make such
disp<;>saJ of urgent civil arrangements, as he deem
matters during such vacation.
may fit,
22.
Seal.-Every Civil Court shall
dimensions as the State use a seal of such
Government form and
issued, and on all decrees passed, by
may prescribe on all processes and
it. orders

11
 from time to time,
rules.-(!) The High Court may,
13, Power to make of this Act.
out all or any of the purposes
make rules for carrying
of the foregoing
the generality
and without prejudice to
matters-
(2) In particular for all or any of the following
such rules may provide
power, lo it;
of all Courts
subordinate
and inspection
(a) supervision Courts, or by aoy
issued by Civil suit
be charged for processes payable in any
or
(b} fees to
and the fee
officer
such
of Court
any to such suit or proceeding
such Court by any party such suit or
lo
proceeding in any of the pleader of any other party
in of the fees
respect
proceeding; shall be kept and
of Civil Courts
the manner in which proceedings books for the hearing of appeals
(c) in which paper
rec.orded, the manner
and the grant of copies;
may be prepared
officers of Courts;
matters relating to
(d) in the Courts
petition writers
act
sba 11 be permitted
to as
conduct of
who such persons,
( e) persons grant of licences
to
them, the
subordinate thereto,
fees to be charged by
them and the scale of investigated and the
business by of rules s ha\1 be
which breaches
authority by on them; imposed
which may be
penalties District Judge for
of a
principles for guidance civil district;
the in his
(f) pn:scribing amongst Courts
distribution of civil business
Court under
of District
which Judge incbarge
matters
a
dispose of.
(g) emergent power and jurisdiction to
Section 18 shall have a

Courts Act,
and Berar
Central Provinces
savings.-The 2009 (No.
24. Repeals and
Civil CourtsAct, Samvat, of
Madhya Bharat (No. XL\
l917 (No. l of 1917), the
Vindbya Pradesh (Courts) Ac\, 1950 1950), in so
the Bhopal and (No. VII of
1950
43 of 1948), Court& Ordinance,
950) and the Rajastban Civil hereby repealed
l
applicable to Sirouj region, are
far as it is affect-
enactments aforesaid shall not

the repeal of the

Provided that

thereof; or
(a) the previous operation of any
incurred in respect
punishment
penalty, forfeiture
or
(b) any enactment so repealed; or

offence co1nmitted against any

of any such
proceeding ,remedy in respect remedy or
legal legal proceeding
or
(c) any investigation, such investigation, such penalty,
punishment; and any continued, or enforced, and anyAct had not been
instituted,
be if this
imposed as
may may be
forfei ture or punishinent
passed:
12

j
 Provided further that al!
jurisdiction and appointments, rules and orders
powers conferred under any of the
made,
purporting expressly implied
or repealed enactments
deemed to have been so made
or
to have been or conferred, shall
provisions
respectively made and conferred
be
of this Act. under the
corresponding

25. Transitional
this provislonli.-As from the date
Act,- of the
commencement of

(I) all e>.isting Courts of District

shall Judges and Additional District
respectively be deemed to be the Judges
Additional Courts of District
District Judges established Judges and
under this Act;
l??.) all existing Courts of Munsiffs in
the Vindhya
Sironj regions and of Civil Pradesh, Bhopal and
Madhya Bharat region shall Judges of the Second Class in the
be deemed
Judge Class II established to be the Courts of Civil
under this Act;
(3) all e:,;isting Courts of Civil Judges of the
Bharat and First Class in the
Siren] regions and of Madhya
region shall be deemed
Subordinate Judges in the
to be the Courts Bhopal
established of Civil Judges
under this Act; Class I

(4) all existing Courts of Civil

deemed Judges in the Mahakoshal
to be the Courts of Civil
region shall be
this Act Judge Class II
established
except such of these Courts under
Government as may be specified
by a notification to be the
by the State
I. Courts of Civil Judges Class

Explanation- In this section "e?isting Court'

under any of the means a Court
enactments repealed established
immediately before the commencement
by Section 24 and
functioning
of this Act.
26. Con1tr11ellon of reference1.-In
con1mencement of this Act- every enactment passed before the

(i) any reference to

Judge" shall
a "Subordinate
reference the Court to be deemed to he a
of the Civil
a Munsiff shall be dee,ned
Judge Class I and any reference
to be a reference to
Judge Class II established to the Court of the Civil
and
or deemed to be established
under this Act;
(ii) any reference to a Civil Judge where
relation to the no class is specified
Mahakoshal region be deemed shall in
Court of Ci vi I to be a reference
Judge Class U estab!i shed or deemed
to the
under this Act. to be established

13
 suit or other proceeding
27. Pending suits and proeeedings.-Every immediate\ y before the
existing Courts
of the transferred to
pe11ding before any
shall on such
commencements stand there
this Act and if
are
of this Act
commencement under the provisions of District
the Court having jurisdiction udsdictlon, to the Court which the
having such j of this Ad,
than one Court with the provisions
more
behalf in accordance 11 proceed to
in that transferred sha
Judge may specify the proceedings so stand
Court.
which in that
if it had been pending
and the Court to
determine the matter as
try, hear
and
in giving effect to
arises
of difficulty
.-If any difficulty the
27-A, Removal
Pradesh Civil Courts (Amendment}Act, 1982, not
directions
the provisions of the Madhya time to time, issue such orders and
transfer
from
may, Ad, or
Amendment
High Court of the aforesaid
inconsistent with the provisions it may deem fit.
Court to the other as
such cases from one
Causes.-The Acts
Courts
to of Small
of laws relating amended in the
28, Amendment Schedule shall be
specified in column ( 1) of the
and Ordinance in column (2) thereof.
and to the extent specified
manner

14
'

SCHEDULE

(See Section 28)

Name of the Act or Ordinance Amendment

(1) (2)

Provincial Small Cause Courts Act, In sub-section (3) of Section 15, the
l 887(1X OF 1887) Words State
M
Government" the words
MH igh Court" shall be su bsti luted.

The Madhya Bharat Small Cause After sub-section (2) of section

Courts 12,
Act, Sarnvat 2006 (46 of 1949) The following sub-section shall be
added, namely:-

M(3) Subject; to as aforesaid, the High

Court may, by order in writing, direct
that all suits of a civil nature of which
the value does not exceed one
thousand rupees shall be cognizable by
a Court of small Causes mentioned in
the order"

The Raj asthan small Cause Courts In sub-section {3) of section 13, for
ordinance, 1950 (VII OF 1950) the Word "Government" ,
the words
MHigh Court" shall be substituted

15