The Punjab Courts Act, 1918

Punjab Act 6 of 1918

hl111

Received the assent of the Lieutenant-Governor of the Punjab on the 30th May 1918,
and that of the Governor-General on the 12th June, 1918, and was first published in
the Punjab Gazette of the 12th July, 1918.

An Act to validate all things done under the Punjab Courts Act, 1914 as amended by
Punjab Act IV of 1914, to repeal the said Acts or so much of them as may be valid
and to enact a law relating to Courts in Punjab, which is free from the defect
described in the preamble.

Whereas, it appears that the Punjab Courts Act, 1914, as assented to by Lieutenant-
Governor on 15th January, 1914 and by Governor General on 27th April, 1914, and as
published in the Punjab Gazette on 22nd May, 1914, included a clause, namely,
clause (b) of sub-section (1) of section 39 which had not been passed by the
Legislative Council of the Lieutenant-Governor and whereas doubts have arisen as to
the validity of things done under the said Act, and the amending Act, Punjab Act IV
of 1914 : And whereas it is expedient to validate all things done under the said
Acts, to repeal the said Acts or so much of them as may be valid, and to enact a
law relating to Courts in Punjab, which is free from the defect above described, it
is hereby enacted as follows :-

Part I
1. Short title and extent. - (1) This Act may be called the Punjab Courts Act,
1918.
2) It extends to [Haryana].

2. Definitions. - In this Act -

Athe expression "the Punjab Courts Act, 1914" means what was published as the
Punjab Courts Act, 1914, in Part V of ‘the Punjab Gazette, dated 22nd May, 1914;
and the expression "Punjab Act IV of 1914" means what was published as Punjab Act
IV of 1914, in Part V of the Punjab Gazette, dated 20th November, 1914.

3. Enactment of provisions relating to Courts in the Punjab. - (1) (a) The

provisions contained in Part II of this Act are hereby enacted and shall be deemed
to have had effect on and from the first day of August, 1914.

(b) The Punjab Courts Act, 1914, and Punjab Act, IV of 1914, or so much of them as
may be valid, are repealed on and from the first day of August, 1914 [in the
principle territories and on from the 14th November, 1957 in the transferred
territories].
(2) Validation of acts done. - All thins done under the Punjab Courts Act 1914, as
amended by Punjab Act IV of 1914, shall be deemed to be in every way as valid as if
the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full
force and effect on and from the first day of August, 1914 :

Provisos. - Provided, firstly, that any appeal which may have been decided by the
Chief Court in the exercise of jurisdiction purporting to be exercised under
section 39 (1) (b) of the Punjab Courts Act, 1914, shall be deemed to have been
validly decided and shall not be called in question by reason of anything contained
in this Act;

And, secondly, that any appeal which before the commencement of this Act has been
presented to the Chief Court under section 39 (1) (b) of the Punjab Courts Act,
1914, and which should not have been so presented if the said sub-section had run
as set out in section 39 of Part II of this Act shall if it has not been decided be
transferred by the said Court for disposal to the District Court having
jurisdiction;

And thirdly, that any appeal which would have laid to the Chief Court under section
39 (1) (b) of the Punjab Courts Act, 1914, but which lies to the District Court
under the provisions of this Act and which if presented to the Chief Court at the
commencement of this Act would be within time, shall be deemed to be presented
within time if presented to the District Court within sixty days from the
commencement of this Act.

Part II
CHAPTER I
Preliminary
1. [ - ].

2. Repeal. - The enactment specified in the Schedule are hereby repealed to the
extent mentioned in the fourth column thereof.

3. Definitions. - In this Part, unless there is something repugnant in the subject

or context, -

(1) "Shall cause" means a suit of the nature cognizable by a Court of Small Causes
under the Provincial Small Cause Courts Act, 1887 (IX of 1887);
(2) "Land-suit" means a suit relating to land as defined in section 4 (1) of the
Punjab Tenancy Act, 1887, (XVI of 1887), or to any right or interest in such land;
(3) "Unclassed suit" means a suit which is neither a small cause nor a land suit;
and
(4) "Value" used with reference to a suit means the amount or value of the subject-
matter of the suit.
CHAPTER II

4 to 17. [ - ].

CHAPTER III
The Subordinate Civil Courts
Classes of Courts
[[18. Classes of Courts. - Besides the Courts of Small Causes established under the
Provincial Small Cause Courts Act, 1887 and the Courts established under any
enactment for the time being in force, there shall be the following classes of
Civil Courts, namely:-

(1) The Court of District Judge;

(2) The Court of Additional District Judge;
(3) The Court of Civil Judge (Senior Division);
(4) The Court of Civil Judge (Junior Division).]]
19. Civil districts. - (1) For the purposes of this Part the [State] Government
shall divide the territories under its administration into civil districts.

(2) The [State] Government may alter the limits or the number of these districts.

20. District Judges. - The State Government shall after consultation with the High
Court, appoint as many persons as it thinks necessary to be District Judges, and
the High Court shall post one such person to each district as District Judge of
that District;

[Provided that the same person may, if the High Court thinks fit, be appointed to
be District Judge of two or more districts.]

21. Additional District Judges. - [(1) The State Government may after consultation
with the High Court, also appoint as many persons as it thinks necessary to be
Additional District Judges, and the High Court may post an Additional District
Judge to exercise jurisdiction in one or more courts of the District Judges.]

(2) Additional District Judges shall have jurisdiction to deal with and dispose of
such cases only as the High Court, by general or special order, may direct them to
deal with and dispose of or as the District Judge of the District may make over to
them for being dealt with and disposed of:

Provided that the cases pending with the Additional District Judges immediately
before the 28th day of June, 1963, shall be deemed to be cases so directed to be
dealt with or disposed of by the High Court or so made over to them by the District
Judge of the District as the case may be.

(3) While dealing with and disposing of the cases referred to in sub-section (2),
an Additional District Judge shall be deemed to be the Court of the District Judge.

[21A. Assignment of functions of District Judge. - The High Court or the District
Judge may assign to an Additional District Judge any of the functions of the
District Judge, including the functions of receiving and registering cases and
appeals, which but for such assignment of functions could be instituted in the
Court of the District Judge, and in the discharge of those functions the Additional
District Judge shall, notwithstanding anything contained in the Act, exercise the
same powers as the District Judge].

[22. [Civil Judges (Senior Division) and Civil Judges (Junior Division)]. - (1) The
[State] Government may after consultation with the High Court fix the number of
[Civil Judges (Senior Division) and Civil Judges (Junior Division)] to be appointed
[-].

[(2) The High Court may confer on any Judicial Magistrate the powers of such class
of [Civil Judges (Senior Division) and Civil Judges (Junior Division)] as it may
deem fit to be exercised by the Judicial Magistrate within such local area as the
High Court may define.]]

23. [Repealed by Section 5 of Punjab Act IX of 1922]

24. District Court to be principal Civil Court of original jurisdiction. - The

Court of the District Judge shall be deemed to be the District Court or principal
Civil Court of original jurisdiction in the District.

25. Original jurisdiction of District Judges in suits. - Except as otherwise

provided by any enactment for the time being in force, the Court of the District
Judge shall have jurisdiction in original civil suits without limit as regards the
value.

26. Pecuniary limits of jurisdiction of [Civil Judges (Senior Division) and Civil
Judges (Junior Division)]. - The jurisdiction to be exercised in original civil
suits as regards the value by any person appointed to be a [Civil Judge (Senior
Division) and Civil Judge (Junior Division)], [-] shall [-] be determined [-] by
the [High Court] either by including him in a class [-] or otherwise as it thinks
fit.

[-].

27. Local limits of jurisdiction. - (1) The local limits of the jurisdiction of a
[Civil Judge (Senior Division) and Civil Judge (Junior Division)] shall be such as
the [High Court] may define.
[-]

(2) When the [High Court] posts a [Civil Judge (Senior Division) and Civil Judge
(Junior Division)] [-] to a district, the local limits of the district shall, in
the absence of any direction to the contrary, be deemed to be the local limits of
his jurisdiction.

28. Special Judges and Benches. - [(1) The [State] Government may after
consultation with the High Court appoint any person to be an Honorary [Civil Judge
(Senior Division) and Civil Judge (Junior Division)], and the High Court may confer
on such Judge all or any of the powers conferable under this Act on a [Civil Judge
(Senior Division) and Civil Judge (Junior Division)] with respect to particular
classes of suits or with respect to suits or with respect to suits generally in any
local area.]

(2) The [State] Government may direct any uneven number of persons invested with
powers of the same description and exercisable within the same local area under
this section to sit together as a bench; those powers shall, while the direction
remains in force, be exercised by the bench so constituted, and not otherwise.

(3) The decision of the majority of the members of a bench constituted under this
section shall be deemed to be the decision of the bench.

(4) Persons on whom powers are conferred under this section and the benches
constituted under this section shall be deemed, for the purposes of this Part, to
be [Civil Judges (Senior Division) and Civil Judges (Junior Division)].

29. Power to invest [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] with Small Cause Court jurisdiction. - The [High Court] may, by
notification in the Official Gazette, confer, within such local limits as it thinks
fit upon any [Civil Judge (Senior Division) and Civil Judge (Junior Division)] [-]
the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small
Cause Courts Act 1887, for the trial of suits, cognizable by such Courts up to such
value not exceeding [two thousand rupees] [-] as it thinks fit, and may withdraw
any jurisdiction so conferred.

30. Exercise by [Civil Judge (Senior Division) and Civil Judge (Junior Division)]
of jurisdiction of District Court incertain proceedings. - (1) The [High Court] may
by general or special order authorise any [Civil Judge (Senior Division) and Civil
Judge (Junior Division)] to take cognizance of, or any District Judge to transfer
to a [Civil Judge (Senior Division) and Civil Judge (Junior Division)] under his
control, any of the proceedings next hereinafter mentioned or any class of those
proceedings specified in such order.

(2) The proceedings referred to in sub-section (1) are the following, namely :-

(a) Proceedings under the [Indian Succession Act, 1865 (X of 1865)], and the
Probate and Administration Act, 1881 [(V of 1881)], which cannot be disposed of by
the District Judge.
(b) [ - ]
(3) The District Judge may withdraw any such proceedings taken cognizance of by or
transferred to a [Civil Judge (Senior Division) and Civil Judge (Junior Division)]
and may either himself dispose of them or transfer them to a Court under his
control competent to dispose of them.

(4) Proceedings taken cognizance of by or transferred to a [Civil Judge (Senior

Division) and Civil Judge (Junior Division)] as the case may be under this section
shall be disposed of by him, subject to the rules applicable to like proceedings
when disposed of by the District Judge.
31. Place of sitting of Court. - (1) The [High Court] may fix the place or places
at which any Court under this Part is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction
of the Court.

(3) Except as may be otherwise provided by any order under this section, a Court
under this Part may be held at any place within the local limits of its
jurisdiction.

32. [Section 32 was omitted by the Government of India Adaptation of Indian Laws)
Order, 1937.]

33. Control of Courts. - Subject to the general superintendence and control of the
[(High Court)], the District Judge shall have control over all the Civil Courts
under this Part within the local limits of his jurisdiction.

34. Power to distribute business. - Notwithstanding anything contained in the Code

of Civil Procedure, every District Judge may by written order direct that any civil
business cognizable by his Court and the Courts under his control shall be
distributed among such Courts in such manner as he thinks fit :

Provided that no direction issued under this section shall empower any Court to
exercise any powers or deal with any business beyond the limits of its
jurisdiction.

35. [Section 35 was omitted by the Government India (Adaptation of Indian Laws)
Order, 1937.]

36. Power to fine ministerial officers. - (1) A District Court or any Court under
the control of District Court may fine, in an amount not exceeding one month's
salary, any ministerial officer of the Court for misconduct of neglect in the
performance of his duties.

(2) The District Court may, on appeal or otherwise, reverse or modify any order
made under sub-section (1) by any Court under its control, any may of its own
motion fine up to the amount of one month's salary any ministerial officer of any
Court under its control.

37. Delegation of District Judge's powers. - A District Court may, with the
previous sanction of the [High Court] delegate to any Substituted for the words
'Local Government" by Punjab Act 9 of 1922, section 12. [Civil Judge (Senior
Division) and Civil Judge (Junior Division)] in the district, the power conferred
on a District Court by sections 33, [and 34], of this Part and section 24 of the
Code of Civil Procedure [V of 1908] to be exercised by the [Civil Judge (Senior
Division) and Civil Judge (Junior Division)] in any specified portion of the
districts, subject to the control of the District Court.

CHAPTER IV
Appellate and Revisional Jurisdiction in Civil Cases
38. Appeal from District Judges or Additional Judges. - (1) Save as otherwise
provided by any enactment for the time being in force, an appeal from a decree or
order of a District Judges or [Additional District Judge] exercising original
jurisdiction shall lie to the [High Court].

(2) An appeal shall not lie to the [High Court] from a decree or order of an
[Additional District Judge] in any case in which, if the decree or order had been
made by the District Judge, an appeal would not lie to that Court.
39. Appeal from [Civil Judge (Senior Division) and Civil Judge (Junior Division)].
- (1) Save as aforesaid, an appeal from a decree or order of a [Civil Judge (Senior
Division) and Civil Judge (Junior Division)], shall lie to the District Judge,
irrespective of the value of the original suit.

(2) Subject to the provisions of sub-section (3) an appeal to the Court of District
Judge shall be heard by the District Judge or by an Additional District Judge.

(3) An Additional District Judge shall hear only such appeals as the High Court
may, by general or special order direct, or as the District Judge of the District
may make over to him.

(4) All appeals from a decree or order of a [Civil Judge (Senior Division) and
Civil Judge (Junior Division)] pending in the High Court, irrespective of the value
of the original suit shall transferred to the District Judge exercising ordinary
territorial jurisdiction.

(5) The High Court may, by notification, direct that appeals lying tot he District
Judge from all or any of the decrees of orders passed in any original suit by any
[Civil Judge (Senior Division) and Civil Judge (Junior Division)] shall be
preferred to such other [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] as may be mentioned in the notification and the appeals shall thereupon
be preferred accordingly and the Court of such other [Civil Judge (Senior Division)
and Civil Judge (Junior Division)] shall be deemed to be a District Court for the
purpose of all appeals so preferred.

40. Power to transfer to a [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] appeals from other [Civil Judges (Senior Division) and Civil Judges
(Junior Division)]. - (1) A District Judge may transfer any appeals pending before
him from the decrees or orders of [ [Civil Judges (Senior Division) and Civil
Judges (Junior Division)] ] to any [other] [Civil Judge (Senior Division) and Civil
Judge (Junior Division)] under his administrative control competent to dispose of
them.

(2) The District Judge may withdraw any appeal so transferred, and either hear and
dispose of it himself or transfer it to a Court under his administrative control
competent to dispose of it.

(3) Appeals transferred under this section shall be disposed of subject to the
rules applicable to like appeals when disposed of by the District Judge.

(4) The powers conferred by this section shall be exercised subject to such general
or special orders as may from time to time be issued in this behalf by the [High
Court].

[41. Second appeals. - (1) An appeal shall lie to the High Court from every decree
passed in appeal by any Court subordinate to the High Court on any of the following
grounds, namely :-

(a) the decision being contrary to law or to some custom or usage having the force
of law;
(b) the decision having failed to determine some material issue of law or custom or
usage having the force of law;
(c) a substantial error or defect in the procedure provided by the Civil Procedure
Code, 1908 or by any other law for the time being in force which may possibly have
produced error or defect in the decision of the case upon the merits.
Explanation. - A question relating to the existence of validity of a custom or
usage shall be deemed to be a question of law within the meaning of this section.
(2) An appeal may lie under this section from an appellate decree passed ex-
parte.].

42. Second appeal on no other grounds. - (1) No second appeal shall lie except on
grounds mentioned in section 41.

[(2) No second appeal in certain suits. - No second appeal shall lie in any suit of
nature cognizable by Courts of Small Causes when the amount or value of the
subject-matter of the original suit does not exceed three thousand rupees.].

43. [Omitted by Punjab Act 4 of 1919, section 2 (4)]

44. Revision. - The [High Court] may call for the record of any case which has been
decided by any Court subordinate to it and in which no appeal lies thereto and if
such subordinate Court appears -

(a) to have exercised a jurisdiction not vested in it by law; or

(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity :
the [High Court] may make such order in the case as it thinks fit.

44A. Period of limitation. - (1) The period of limitation for an appeal under
section 41 of this Part shall be ninety days from the date of the decree appealed
against.

(2) In computing this period and in all respects not herein specified the
limitation of an appeal under the said section shall be deemed to be governed by
the provisions of the Indian Limitation Act, 1908.

CHAPTER V
Supplemental Provisions
[45. Mode of conferring powers. - Except as otherwise provided by this part, any
powers that may conferred by the High Court on any person under this part may be
conferred on such person either by name or by virtue of office.]

46. Continuance of Powers of officers. - Whenever any person holding an office in

the service of Government who has been invested with any powers under this Part
throughout any local area is transferred or posted at any subsequent time to an
equal or higher office of the same nature within a like local area, he shall,
unless the [High Court], otherwise directs or has otherwise directed, exercise the
same powers in the local area to which he is so transferred or posted.

[46A. Provisions regarding petition-writers. - The High Court may from time to time
make rules consistent with this Act and any other enactment for the time being in
force :-

(a) declaring what persons shall be permitted to act as petition-writers in the

Courts subordinate thereto;
(b) regulating the issue of licences to such persons, the conduct of business by
them, and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated
and the penalties which may be imposed.]
47. Control of list of holidays. - [(1) Subject to such general orders as may be
made by the [State] Government the High Court shall prepare a list of days to be
observed in each year as holidays in the Civil Courts subordinate thereto.]

(2) Every such list shall be published in the Official Gazette.

[47A. Provision regarding pending proceedings. - All suits, appeals, revisions,
applications, reviews, executions and other proceedings whatsoever whether Civil or
Criminal pending in the Chief Court of the Punjab shall be continued and concluded
in the High Court of Judicature at Lahore as if the same had been had in such High
Court; and the High Court of Judicature at Lahore shall have the same jurisdiction
in relation to all such suits, appeals, revisions, reviews, executions,
applications and other proceedings as if the same had been commenced and continued
in such High Court.]

48. [Repealed by Punjab Act 4 of 1919, section 2(4).]

49. Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian
Court-fee Act. - (a) In section 117(2) of the Punjab Land Revenue Act, 1887, in
clause (c), "[Civil Judge (Senior Division) and Civil Judge (Junior Division)]"
shall be substituted for "District Judge" an in clauses (d) and (e) "District
Court" shall be substituted for "Divisional Court".

(b) In section 99 (1) of the Punjab Tenancy Act, 1887 "District Judge" shall be
substituted for "Divisional Court".
(c) In section 7 (v) (b) of the Indian Court-fee Act, 1870, for the word "five"
shall be substituted the word "ten".
50. Amendment of definition of District Judge in Punjab General Clauses Act, 1898.
- For the definition of "District Judge", in section 2 (15) of the Punjab General
Clauses Act, 1898, the following shall be substituted :-

"District Judge" shall mean the Judge of a principal Civil Court of original
jurisdiction but shall not include the [High Court] in the exercise of its ordinary
or extraordinary original civil jurisdiction.

[51. Reference in existing enactments to Chief Court. - In every enactment now in

force, and in every appointment, order, rule, bye-law, notification or form made or
issued thereunder all references to the Chief Court of the Punjab shall be
construed when necessary as referring to the High Court of Judicature at Lahore
[until the fifteenth day of August, 1947], [from that date and before the
commencement of the Constitution, as referring to the High Court of East Punjab,
and after the commencement of the Constitution as referring to the High Court of
Punjab] [until the thirty-first day of October, 1966 and thereafter as referring to
the High Court of Punjab and Haryana.] ]

The Punjab Courts Act, 1918

Punjab Act 6 of 1918
hl111

Received the assent of the Lieutenant-Governor of the Punjab on the 30th May 1918,
and that of the Governor-General on the 12th June, 1918, and was first published in
the Punjab Gazette of the 12th July, 1918.

LEGISLATIVE HISTORY 6
An Act to validate all things done under the Punjab Courts Act, 1914 as amended by
Punjab Act IV of 1914, to repeal the said Acts or so much of them as may be valid
and to enact a law relating to Courts in Punjab, which is free from the defect
described in the preamble.

Whereas, it appears that the Punjab Courts Act, 1914, as assented to by Lieutenant-
Governor on 15th January, 1914 and by Governor General on 27th April, 1914, and as
published in the Punjab Gazette on 22nd May, 1914, included a clause, namely,
clause (b) of sub-section (1) of section 39 which had not been passed by the
Legislative Council of the Lieutenant-Governor and whereas doubts have arisen as to
the validity of things done under the said Act, and the amending Act, Punjab Act IV
of 1914 :

And whereas it is expedient to validate all things done under the said Acts, to
repeal the said Acts or so much of them as may be valid, and to enact a law
relating to Courts in Punjab, which is free from the defect above described, it is
hereby enacted as follows :-

Part I
1. Short title and extent. - (1) This Act may be called the Punjab Courts Act,
1918.

(2) It extends to [Haryana].

2. Definitions. - In this Act -

the expression "the Punjab Courts Act, 1914" means what was published as the Punjab
Courts Act, 1914, in Part V of the Punjab Gazette, dated 22nd May, 1914; and

the expression "Punjab Act IV of 1914" means what was published as Punjab Act IV of
1914, in Part V of the Punjab Gazette, dated 20th November, 1914.

3. Enactment of provisions relating to Courts in the Punjab. - (1) (a) The

provisions contained in Part II of this Act are hereby enacted and shall be deemed
to have had effect on and from the first day of August, 1914.

(b) The Punjab Courts Act, 1914, and Punjab Act, IV of 1914, or so much of them as
may be valid, are repealed on and from the first day of August, 1914 [in the
principle territories and on from the 14th November, 1957 in the transferred
territories].
(2) Validation of acts done. - All thins done under the Punjab Courts Act 1914, as
amended by Punjab Act IV of 1914, shall be deemed to be in every way as valid as if
the Punjab Courts Act, 1914, as amended by Punjab Act IV of 1914, had been of full
force and effect on and from the first day of August, 1914 :

Provisos. - Provided, firstly, that any appeal which may have been decided by the
Chief Court in the exercise of jurisdiction purporting to be exercised under
section 39 (1) (b) of the Punjab Courts Act, 1914, shall be deemed to have been
validly decided and shall not be called in question by reason of anything contained
in this Act;

And, secondly, that any appeal which before the commencement of this Act has been
presented to the Chief Court under section 39 (1) (b) of the Punjab Courts Act,
1914, and which should not have been so presented if the said sub-section had run
as set out in section 39 of Part II of this Act shall if it has not been decided be
transferred by the said Court for disposal to the District Court having
jurisdiction;

And thirdly, that any appeal which would have laid to the Chief Court under section
39 (1) (b) of the Punjab Courts Act, 1914, but which lies to the District Court
under the provisions of this Act and which if presented to the Chief Court at the
commencement of this Act would be within time, shall be deemed to be presented
within time if presented to the District Court within sixty days from the
commencement of this Act.
Part II
CHAPTER I
Preliminary
1. [ - ].

2. Repeal. - The enactment specified in the Schedule are hereby repealed to the
extent mentioned in the fourth column thereof.

3. Definitions. - In this Part, unless there is something repugnant in the subject

or context, -

(1) "Shall cause" means a suit of the nature cognizable by a Court of Small Causes
under the Provincial Small Cause Courts Act, 1887 (IX of 1887);
(2) "Land-suit" means a suit relating to land as defined in section 4 (1) of the
Punjab Tenancy Act, 1887, (XVI of 1887), or to any right or interest in such land;
(3) "Unclassed suit" means a suit which is neither a small cause nor a land suit;
and
(4) "Value" used with reference to a suit means the amount or value of the subject-
matter of the suit.
CHAPTER II

4 to 17. [ - ].

CHAPTER III
The Subordinate Civil Courts
Classes of Courts
[[18. Classes of Courts. - Besides the Courts of Small Causes established under the
Provincial Small Cause Courts Act, 1887 and the Courts established under any
enactment for the time being in force, there shall be the following classes of
Civil Courts, namely:-

(1) The Court of District Judge;

(2) The Court of Additional District Judge;
(3) The Court of Civil Judge (Senior Division);
(4) The Court of Civil Judge (Junior Division).]]
19. Civil districts. - (1) For the purposes of this Part the [State] Government
shall divide the territories under its administration into civil districts.

(2) The [State] Government may alter the limits or the number of these districts.

20. District Judges. - The State Government shall after consultation with the High
Court, appoint as many persons as it thinks necessary to be District Judges, and
the High Court shall post one such person to each district as District Judge of
that District;

[Provided that the same person may, if the High Court thinks fit, be appointed to
be District Judge of two or more districts.]

21. Additional District Judges. - [(1) The State Government may after consultation
with the High Court, also appoint as many persons as it thinks necessary to be
Additional District Judges, and the High Court may post an Additional District
Judge to exercise jurisdiction in one or more courts of the District Judges.]

(2) Additional District Judges shall have jurisdiction to deal with and dispose of
such cases only as the High Court, by general or special order, may direct them to
deal with and dispose of or as the District Judge of the District may make over to
them for being dealt with and disposed of:

Provided that the cases pending with the Additional District Judges immediately
before the 28th day of June, 1963, shall be deemed to be cases so directed to be
dealt with or disposed of by the High Court or so made over to them by the District
Judge of the District as the case may be.

(3) While dealing with and disposing of the cases referred to in sub-section (2),
an Additional District Judge shall be deemed to be the Court of the District Judge.

[21A. Assignment of functions of District Judge. - The High Court or the District
Judge may assign to an Additional District Judge any of the functions of the
District Judge, including the functions of receiving and registering cases and
appeals, which but for such assignment of functions could be instituted in the
Court of the District Judge, and in the discharge of those functions the Additional
District Judge shall, notwithstanding anything contained in the Act, exercise the
same powers as the District Judge].

[22. [Civil Judges (Senior Division) and Civil Judges (Junior Division)]. - (1) The
[State] Government may after consultation with the High Court fix the number of
[Civil Judges (Senior Division) and Civil Judges (Junior Division)] to be appointed
[-].

[(2) The High Court may confer on any Judicial Magistrate the powers of such class
of [Civil Judges (Senior Division) and Civil Judges (Junior Division)] as it may
deem fit to be exercised by the Judicial Magistrate within such local area as the
High Court may define.]]

23. [Repealed by Section 5 of Punjab Act IX of 1922]

24. District Court to be principal Civil Court of original jurisdiction. - The

Court of the District Judge shall be deemed to be the District Court or principal
Civil Court of original jurisdiction in the District.

25. Original jurisdiction of District Judges in suits. - Except as otherwise

provided by any enactment for the time being in force, the Court of the District
Judge shall have jurisdiction in original civil suits without limit as regards the
value.

26. Pecuniary limits of jurisdiction of [Civil Judges (Senior Division) and Civil
Judges (Junior Division)]. - The jurisdiction to be exercised in original civil
suits as regards the value by any person appointed to be a [Civil Judge (Senior
Division) and Civil Judge (Junior Division)], [-] shall [-] be determined [-] by
the [High Court] either by including him in a class [-] or otherwise as it thinks
fit.

[-].

27. Local limits of jurisdiction. - (1) The local limits of the jurisdiction of a
[Civil Judge (Senior Division) and Civil Judge (Junior Division)] shall be such as
the [High Court] may define.

[-]

(2) When the [High Court] posts a [Civil Judge (Senior Division) and Civil Judge
(Junior Division)] [-] to a district, the local limits of the district shall, in
the absence of any direction to the contrary, be deemed to be the local limits of
his jurisdiction.

28. Special Judges and Benches. - [(1) The [State] Government may after
consultation with the High Court appoint any person to be an Honorary [Civil Judge
(Senior Division) and Civil Judge (Junior Division)], and the High Court may confer
on such Judge all or any of the powers conferable under this Act on a [Civil Judge
(Senior Division) and Civil Judge (Junior Division)] with respect to particular
classes of suits or with respect to suits or with respect to suits generally in any
local area.]

(2) The [State] Government may direct any uneven number of persons invested with
powers of the same description and exercisable within the same local area under
this section to sit together as a bench; those powers shall, while the direction
remains in force, be exercised by the bench so constituted, and not otherwise.

(3) The decision of the majority of the members of a bench constituted under this
section shall be deemed to be the decision of the bench.

(4) Persons on whom powers are conferred under this section and the benches
constituted under this section shall be deemed, for the purposes of this Part, to
be [Civil Judges (Senior Division) and Civil Judges (Junior Division)].

29. Power to invest [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] with Small Cause Court jurisdiction. - The [High Court] may, by
notification in the Official Gazette, confer, within such local limits as it thinks
fit upon any [Civil Judge (Senior Division) and Civil Judge (Junior Division)] [-]
the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small
Cause Courts Act 1887, for the trial of suits, cognizable by such Courts up to such
value not exceeding [two thousand rupees] [-] as it thinks fit, and may withdraw
any jurisdiction so conferred.

30. Exercise by [Civil Judge (Senior Division) and Civil Judge (Junior Division)]
of jurisdiction of District Court incertain proceedings. - (1) The [High Court] may
by general or special order authorise any [Civil Judge (Senior Division) and Civil
Judge (Junior Division)] to take cognizance of, or any District Judge to transfer
to a [Civil Judge (Senior Division) and Civil Judge (Junior Division)] under his
control, any of the proceedings next hereinafter mentioned or any class of those
proceedings specified in such order.

(2) The proceedings referred to in sub-section (1) are the following, namely :-

(a) Proceedings under the [Indian Succession Act, 1865 (X of 1865)], and the
Probate and Administration Act, 1881 [(V of 1881)], which cannot be disposed of by
the District Judge.
(b) [ - ]
(3) The District Judge may withdraw any such proceedings taken cognizance of by or
transferred to a [Civil Judge (Senior Division) and Civil Judge (Junior Division)]
and may either himself dispose of them or transfer them to a Court under his
control competent to dispose of them.

(4) Proceedings taken cognizance of by or transferred to a [Civil Judge (Senior

Division) and Civil Judge (Junior Division)] as the case may be under this section
shall be disposed of by him, subject to the rules applicable to like proceedings
when disposed of by the District Judge.

31. Place of sitting of Court. - (1) The [High Court] may fix the place or places
at which any Court under this Part is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction
of the Court.

(3) Except as may be otherwise provided by any order under this section, a Court
under this Part may be held at any place within the local limits of its
jurisdiction.
32. [Section 32 was omitted by the Government of India Adaptation of Indian Laws)
Order, 1937.]

33. Control of Courts. - Subject to the general superintendence and control of the
[(High Court)], the District Judge shall have control over all the Civil Courts
under this Part within the local limits of his jurisdiction.

34. Power to distribute business. - Notwithstanding anything contained in the Code

of Civil Procedure, every District Judge may by written order direct that any civil
business cognizable by his Court and the Courts under his control shall be
distributed among such Courts in such manner as he thinks fit :

Provided that no direction issued under this section shall empower any Court to
exercise any powers or deal with any business beyond the limits of its
jurisdiction.

35. [Section 35 was omitted by the Government India (Adaptation of Indian Laws)
Order, 1937.]

36. Power to fine ministerial officers. - (1) A District Court or any Court under
the control of District Court may fine, in an amount not exceeding one month's
salary, any ministerial officer of the Court for misconduct of neglect in the
performance of his duties.

(2) The District Court may, on appeal or otherwise, reverse or modify any order
made under sub-section (1) by any Court under its control, any may of its own
motion fine up to the amount of one month's salary any ministerial officer of any
Court under its control.

37. Delegation of District Judge's powers. - A District Court may, with the
previous sanction of the [High Court] delegate to any Substituted for the words
'Local Government" by Punjab Act 9 of 1922, section 12. [Civil Judge (Senior
Division) and Civil Judge (Junior Division)] in the district, the power conferred
on a District Court by sections 33, [and 34], of this Part and section 24 of the
Code of Civil Procedure [V of 1908] to be exercised by the [Civil Judge (Senior
Division) and Civil Judge (Junior Division)] in any specified portion of the
districts, subject to the control of the District Court.

CHAPTER IV
Appellate and Revisional Jurisdiction in Civil Cases
38. Appeal from District Judges or Additional Judges. - (1) Save as otherwise
provided by any enactment for the time being in force, an appeal from a decree or
order of a District Judges or [Additional District Judge] exercising original
jurisdiction shall lie to the [High Court].

(2) An appeal shall not lie to the [High Court] from a decree or order of an
[Additional District Judge] in any case in which, if the decree or order had been
made by the District Judge, an appeal would not lie to that Court.

39. Appeal from [Civil Judge (Senior Division) and Civil Judge (Junior Division)].
- (1) Save as aforesaid, an appeal from a decree or order of a [Civil Judge (Senior
Division) and Civil Judge (Junior Division)], shall lie to the District Judge,
irrespective of the value of the original suit.

(2) Subject to the provisions of sub-section (3) an appeal to the Court of District
Judge shall be heard by the District Judge or by an Additional District Judge.

(3) An Additional District Judge shall hear only such appeals as the High Court
may, by general or special order direct, or as the District Judge of the District
may make over to him.

(4) All appeals from a decree or order of a [Civil Judge (Senior Division) and
Civil Judge (Junior Division)] pending in the High Court, irrespective of the value
of the original suit shall transferred to the District Judge exercising ordinary
territorial jurisdiction.

(5) The High Court may, by notification, direct that appeals lying tot he District
Judge from all or any of the decrees of orders passed in any original suit by any
[Civil Judge (Senior Division) and Civil Judge (Junior Division)] shall be
preferred to such other [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] as may be mentioned in the notification and the appeals shall thereupon
be preferred accordingly and the Court of such other [Civil Judge (Senior Division)
and Civil Judge (Junior Division)] shall be deemed to be a District Court for the
purpose of all appeals so preferred.

40. Power to transfer to a [Civil Judge (Senior Division) and Civil Judge (Junior
Division)] appeals from other [Civil Judges (Senior Division) and Civil Judges
(Junior Division)]. - (1) A District Judge may transfer any appeals pending before
him from the decrees or orders of [ [Civil Judges (Senior Division) and Civil
Judges (Junior Division)] ] to any [other] [Civil Judge (Senior Division) and Civil
Judge (Junior Division)] under his administrative control competent to dispose of
them.

(2) The District Judge may withdraw any appeal so transferred, and either hear and
dispose of it himself or transfer it to a Court under his administrative control
competent to dispose of it.

(3) Appeals transferred under this section shall be disposed of subject to the
rules applicable to like appeals when disposed of by the District Judge.

(4) The powers conferred by this section shall be exercised subject to such general
or special orders as may from time to time be issued in this behalf by the [High
Court].

[41. Second appeals. - (1) An appeal shall lie to the High Court from every decree
passed in appeal by any Court subordinate to the High Court on any of the following
grounds, namely :-

(a) the decision being contrary to law or to some custom or usage having the force
of law;
(b) the decision having failed to determine some material issue of law or custom or
usage having the force of law;
(c) a substantial error or defect in the procedure provided by the Civil Procedure
Code, 1908 or by any other law for the time being in force which may possibly have
produced error or defect in the decision of the case upon the merits.
Explanation. - A question relating to the existence of validity of a custom or
usage shall be deemed to be a question of law within the meaning of this section.

(2) An appeal may lie under this section from an appellate decree passed ex-
parte.].

42. Second appeal on no other grounds. - (1) No second appeal shall lie except on
grounds mentioned in section 41.

[(2) No second appeal in certain suits. - No second appeal shall lie in any suit of
nature cognizable by Courts of Small Causes when the amount or value of the
subject-matter of the original suit does not exceed three thousand rupees.].
43. [Omitted by Punjab Act 4 of 1919, section 2 (4)]

44. Revision. - The [High Court] may call for the record of any case which has been
decided by any Court subordinate to it and in which no appeal lies thereto and if
such subordinate Court appears -

(a) to have exercised a jurisdiction not vested in it by law; or

(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity :
the [High Court] may make such order in the case as it thinks fit.

44A. Period of limitation. - (1) The period of limitation for an appeal under
section 41 of this Part shall be ninety days from the date of the decree appealed
against.

(2) In computing this period and in all respects not herein specified the
limitation of an appeal under the said section shall be deemed to be governed by
the provisions of the Indian Limitation Act, 1908.

CHAPTER V
Supplemental Provisions
[45. Mode of conferring powers. - Except as otherwise provided by this part, any
powers that may conferred by the High Court on any person under this part may be
conferred on such person either by name or by virtue of office.]

46. Continuance of Powers of officers. - Whenever any person holding an office in

the service of Government who has been invested with any powers under this Part
throughout any local area is transferred or posted at any subsequent time to an
equal or higher office of the same nature within a like local area, he shall,
unless the [High Court], otherwise directs or has otherwise directed, exercise the
same powers in the local area to which he is so transferred or posted.

[46A. Provisions regarding petition-writers. - The High Court may from time to time
make rules consistent with this Act and any other enactment for the time being in
force :-

(a) declaring what persons shall be permitted to act as petition-writers in the

Courts subordinate thereto;
(b) regulating the issue of licences to such persons, the conduct of business by
them, and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated
and the penalties which may be imposed.]
47. Control of list of holidays. - [(1) Subject to such general orders as may be
made by the [State] Government the High Court shall prepare a list of days to be
observed in each year as holidays in the Civil Courts subordinate thereto.]

(2) Every such list shall be published in the Official Gazette.

[47A. Provision regarding pending proceedings. - All suits, appeals, revisions,

applications, reviews, executions and other proceedings whatsoever whether Civil or
Criminal pending in the Chief Court of the Punjab shall be continued and concluded
in the High Court of Judicature at Lahore as if the same had been had in such High
Court; and the High Court of Judicature at Lahore shall have the same jurisdiction
in relation to all such suits, appeals, revisions, reviews, executions,
applications and other proceedings as if the same had been commenced and continued
in such High Court.]
48. [Repealed by Punjab Act 4 of 1919, section 2(4).]

49. Amendment of the Punjab Land Revenue Act, Punjab Tenancy Act and the Indian
Court-fee Act. - (a) In section 117(2) of the Punjab Land Revenue Act, 1887, in
clause (c), "[Civil Judge (Senior Division) and Civil Judge (Junior Division)]"
shall be substituted for "District Judge" an in clauses (d) and (e) "District
Court" shall be substituted for "Divisional Court".

(b) In section 99 (1) of the Punjab Tenancy Act, 1887 "District Judge" shall be
substituted for "Divisional Court".
(c) In section 7 (v) (b) of the Indian Court-fee Act, 1870, for the word "five"
shall be substituted the word "ten".
50. Amendment of definition of District Judge in Punjab General Clauses Act, 1898.
- For the definition of "District Judge", in section 2 (15) of the Punjab General
Clauses Act, 1898, the following shall be substituted :-

"District Judge" shall mean the Judge of a principal Civil Court of original
jurisdiction but shall not include the [High Court] in the exercise of its ordinary
or extraordinary original civil jurisdiction.

[51. Reference in existing enactments to Chief Court. - In every enactment now in

force, and in every appointment, order, rule, bye-law, notification or form made or
issued thereunder all references to the Chief Court of the Punjab shall be
construed when necessary as referring to the High Court of Judicature at Lahore
[until the fifteenth day of August, 1947], [from that date and before the
commencement of the Constitution, as referring to the High Court of East Punjab,
and after the commencement of the Constitution as referring to the High Court of
Punjab] [until the thirty-first day of October, 1966 and thereafter as referring to
the High Court of Punjab and Haryana.] ]