Karnataka · Act 13 of 1980

Section 19 — Special provisions for transfer of pending suits, etc.

THE BANGALORE CITY CIVIL COURT ACT, 1979

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19. Special provisions for transfer of pending suits, etc.- (1) All suits, petitions, 
applications and other proceedings, other than appeals and proceedings connected 
therewith pending before the District Court, the Court of the Civil Judge and the Munsiff's 
Court referred to in sub-section (4) of section 3, which under this Act have to be 
instituted, filed or commenced in the City Civil Court shall, on the appointed date, stand 
transferred to the City Civil Court and shall be continued and disposed of by the City 
Civil Court as if such suits, petitions, applications or other proceedings had been 
instituted, filed or commenced in the City Civil Court. 
 (2) All appeals and proceedings connected therewith pending before the said District 
Courts or the courts of the Civil Judge referred to in sub-section (4) of section 3 shall on 
the appointed date stand 1[transferred to the City Civil Court and shall be disposed of by 
the City Civil Court which is hereby empowered to hear such appeals and proceedings, 
as if they had been instituted, filed or commenced in such court.]1  
   1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980. 

 (3) Appeals against decrees and orders passed before the appointed date by the 
District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-
section (4) of section 3, when such appeals are provided by law, and which have not 
been filed before the appointed date, may on and from the appointed date be filed before 
the High Court and all such appeals shall be disposed of by the High Court as if they had 
been filed against the decrees and orders passed by the City Civil Court under this Act. 
 (4) Applications for review and for execution of a decree or order passed by the 
District Court, the Court of  the Civil Judge or the Munsiff's Court referred to in sub-
section (4) of section (3), which have not been filed before the appointed date may on 
and from the appointed date be filed in the City Civil Court. 
 (5) An appeal or review under sub-section (3) or sub-section (4) shall be filed before 
the expiry of the period prescribed for filing an appeal or review as the case may be, 
against the decrees and orders passed prior to the appointed date. 
 (6) 1[(a) All applications under the Karnataka Rent Control Act, 1961 (Karnataka Act 
22 of 1961) and proceedings connected therewith and all suits, applications and other 
proceedings, pending in the courts of Civil Judges and Munsiffs exercising jurisdiction 
within the limits of the city of Bangalore, which by virtue of this Act or any amendment 
made by this Act or any notification issued under section 8 of the Karnataka Small 
Causes Court Act, 1964 (Karnataka  Act 11 of 1964), have to be instituted, filed or 
commenced in the Court of Small causes, shall, on the appointed date, stand transferred 



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to the Court of Small Causes and shall be disposed of by the said court as if they have 
been instituted or commenced before it. 
  (b) In relation to the execution of decrees and orders passed before the 
appointed date the court which passed the decree shall be deemed to be,- 
 (a) where such decrees or orders have been passed in the exercise of any 
jurisdiction under the Karnataka Rent control Act, 1961 (Karnataka Act 22 of 1961) or 
the Karnataka  Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964), the Court of 
Small Causes Bangalore ; and  
 (b) in other cases, the City Civil Court.]1 

 1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980. 

  (c) Applications for review and for execution of a decree or order passed by the 
court of Civil Judge referred to in sub-section (4) of section 3 under the Karnataka Rent 
Control Act, 1961 (Karnataka Act 22 of 1961) which have not been filed before the 
appointed date may on and from the appointed date be filed in the court of Small 
Causes; 
  (d) A review petition or an application for execution under clause (c) shall be 
filed before the expiry of the period  prescribed for filing review or application for 
execution, as the case may be, against the decrees and orders passed prior to the 
appointed date; 
  1[(7) All suits, petitions, applications, appeals and other proceedings which under this 
section stand transferred to the Principal City Civil Judge or to the City Civil Court or to 
the Court of Small Causes, shall, stand posted to and be called before the Principal City 
Civil Judge or in the City Civil Court or in the Court of Small Causes, as the case may 
be, on the respective dates to which the said suits, petitions, applications, appeals and 
other proceedings stood adjourned or posted by the courts referred to in sub-section (4) 
of section 3 or tribunals or authorities referred to in sub-section (2) of section 12 as if the 
orders of adjournment or posting in that behalf had been made by the Principal City Civil 
Judge, the City Civil Court or the Court of Small causes, as the case may be, and the 
party or the parties thereto shall not be entitled to notice of such transfer.]1 

   1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980. 

 (8) 1[Save as otherwise provided in sub-section (6) all applications, appeals]1, 
petitions and other proceedings pending before the District Court, the Court of the Civil 
Judge, the Munsiff's Court, the District Judge, the Civil Judge or the Munsiff exercising 
powers of a tribunal or any other authority referred to in sub-section (2) of section 12, 
shall, on the appointed date stand transferred to and be continued and disposed of by, 
the City Civil Court or the Principal City Civil Judge, 2[or any other Judge nominated by 
him]2 as the case may be. 
   1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980. 

   2. Inserted by Act 23 of 1980 w.e.f. 25-7-1980. 

 (9) The High Court may, by notification, for the purpose of removing any difficulty,-  
  (a) in relation to the transfer of suits, petitions, applications and other 

proceedings pending before the District Court, the Court of the Civil Judge 
and the Munsiff's Court referred to in sub-section (4) of section 3 to the City 
Civil Court on the appointed date ; 



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  (b) in relation to the transfer of applications and proceedings under the 
Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) pending in the 
Court of the Civil Judge to the Court of Small Causes on the appointed date ; 

  (c) in relation to the posting and calling of transferred suits, petitions, 
applications and other proceedings before the City Civil Court  ; and  

  (d) in relation to the bringing the provisions of this Act into effective operation ; 
make such provisions or orders not inconsistent with the purposes of this Act as may 
appear to it to be necessary or expedient. 
1[(9A) If there be any doubt or difficulty in regard to the question as to which Judge or 
Court, any suit, appeal or proceeding shall stand transferred to under this section, the 
Judge or Court designated by the High Court shall be the Judge or Court to which the 
said suit, appeal or proceeding shall stand transferred under this section and the 
decision of the High Court shall be final.]1 

   2. Inserted by Act 23 of 1980 w.e.f. 25-7-1980. 

  (10) For removal of doubts it is hereby declared that the provisions of the Karnataka 
Civil Rules of Practice, 1967 and other rules regulating  the practice and procedure of 
the Civil Courts, applicable to the Civil Courts in the State of Karnataka on the appointed 
date shall, until they are amended or altered, mutatis mutandis apply to the City Civil 
Court. 
  (11) The local limits of the Jurisdiction of the Court of Small Causes established under 
section 3 of the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) 
for the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act, 
1949 (Mysore Act LXIX of 1949), shall, as from the appointed date be the limits of the 
City of Bangalore as defined in this Act.

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Next · Section 20Repeal of Karnataka Ordinance No. 8 of 1979. →All sections / सभी धाराएँTHE BANGALORE CITY CIVIL COURT ACT, 1979 →
More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Establishment of a City Civil Court.Section 4 · Subordination to and superintendence by the High Court.Section 5 · Powers of Judges.Section 6 · Temporary vacancy of the office of Principal City Civil Judge of the City Civil Court.Section 7 · Registrar, etc.Section 8 · Questions arising in suits, etc., under the Act to be dealt with according to law administered by a District Court.
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