The Gujarat Civil Courts Act, 2005

    

 
 
 

 

 

 

 

 

GOVERNMENT OF GUJARAT 

 

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 

 

THE GUJARAT CIVIL COURTS ACT, 2005 
 

(GUJARAT ACT NO. 21 of 2005) 

 

 
of 20 

[ As modified upto the 31st December, 2024.] 
 

 

 

 

 

 

 

 

 
Printed In India by The Sr. Manager, Government Central Press, Gandhinagar,  

Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar. 

2024. 

 

 

[Price : 20.00] 



 



    

 
 

 

 

 

 

GOVERNMENT OF GUJARAT 

 

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 

 

 

THE GUJARAT CIVIL COURTS ACT, 2005 
 

(GUJARAT ACT NO. 21 of 2005) 

 

 

 
(GUJARACT NO. 21 of 2005) 

[ As modified upto the 31st December, 2024.] 
 

 

 

 

 

 

 

 
Printed In India by The Sr. Manager, Government Central Press, Gandhinagar,  

Published by The Director Government Printing And Stationary, Gujarat State, Gandhinagar. 

2024. 

 

 

[Price : 20.00] 

 

G.C.P.G. (H-112-6-24-DTP-2) 



 

 

 

© 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT CENTRAL PRESS, GANDHINAGAR. 

 

(ii) 



    

[ 2005 : GUJ.21   THE GUJARAT CIVIL COURTS ACT, 2005   (i)  

PREAMBLE. 

Sections. 
CONTENTS Page No. 

 CHAPTER I. 

PRELIMINARY. 
 

1. Short title, extent and commencement. 1 

2. Definitions. 1 

 CHAPTER II. 

ESTABLISHMENT AND CONSTITUTION OF CIVIL 

COURTS. 

 

3. Classes of civil courts. 2 

4. Establishment of courts of District Judges. 2 

5. Establishment of courts of Senior Civil Judges. 2 

6. Establishment of courts of Civil Judges. 3 

7. Location of civil court. 3 

8. Seal of a civil court. 3 

9. Existing courts, their location and seals to be deemed to be 

established, fixed and determined under this Act. 

3 

10. Posting of District Judges, Senior Civil Judges and Civil 

Judges. 

4 

 CHAPTER III. 

JURISDICTION OF CIVIL COURTS. 

 

11. Local limits of jurisdiction. 4 

12. Jurisdiction of a court of District Judge. 4 

13. Jurisdiction of a court of Senior Civil Judge. 4 

14. Jurisdiction of a court of Civil Judge. 4 

14A. Transfer of pending cases. 4 

15. Appeals. 4 

16. Power to require witness or party to make oath or affirmation. 5 

17. Investment of small cause powers to courts of Senior Civil 

Judges or Civil Judges. 

5 

18. Judges not to try suits in which they are interested, etc. 6 

19. Application of the Code. 6 

   

(iii) 



 (ii) THE GUJARAT CIVIL COURTS ACT, 2005 2005 : GUJ.21] 

Sections.  Page No. 

 CHAPTER IV. 

MISCELLANEOUS. 

 

20. Temporary vacancy of office of Principal District Judge. 6 

21. Temporary vacancy of office of Principal Senior Civil Judge or 

Principal Civil Judge. 

7 

22. Vacation and holidays. 7 

23. Subordination of civil courts. 7 

24. Power to invest Senior Civil Judges with jurisdiction under 

certain Acts. 

8 

25. Fees for process. 8 

26. Mode of conferring powers. 8 

27. Government suits. 8 

28. Constitution of consultative committee. 8 

29. Power of High Court to make rules. 8 

30. Repeal and savings. 9 

31. Power to remove difficulties. 10 

 

(iv) 



GUJARAT ACT NO. 21 OF 2005. 1* 

[THE GUJARAT CIVIL COURTS ACT, 2005.] 

 [ 23rd March, 2005.]  

 Amended by Guj. 7 of 2014.  

 AN ACT  

 to consolidate and amend the law relating to Civil Courts in the State of 

Gujarat. 

 

   

 It is hereby enacted in the Fifty-sixth Year of the Republic of India as 

follows:- 

 

   

 CHAPTER   I.  

 PRELIMINARY.  

     1. (1) This Act may be called the Gujarat Civil Courts Act, 2005. 

 (2)  It extends to the whole of the State of Gujarat. 

Short title, 

extent and 

commencement. 

 (3) It shall come into force on such date as the State Government 

may, by notification in the Official Gazette, appoint. 

 

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

 (a) "appointed date" means the date appointed under sub-section (3) 

of section 1; 

 

 (b) "civil court" means a court of a District Judge, a court of the 

Senior Civil Judge or a court of Civil Judge; 

 

5 of 1908. (c) "Code" means the Code of Civil Procedure, 1908;  

 (d)  "district" means a revenue district or such local area as the State 

Government may, from time to time, notify to be a district for the purposes 

of this Act; 

 

 (e) "Government" means the Government of Gujarat;  

 (f) "High Court" means the High Court of Gujarat;  

 (g) "judicial officer" means a Judge of a court of District Judge, a 

Judge of a court of Senior Civil Judge or a Judge of a court of a court of 

Civil Judge; 

 

 (h) "notification" means a notification published in the Official 

Gazette; 

 

 1.  For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V, 

dated the 11th March, 2005, Page No. 26-13 to 26-15. 
 

 * This Act was assented by the Governor on the 23rd March, 2005.  

 



2    The Gujarat Civil Courts Act, 2005.                               [2005 : Guj. 21 

 (i) "Official Gazette" means Gujarat Government Gazette;  

 (j) "prescribed" means prescribed by rules made under this Act;  

 (k) "service" means the judicial service of the State.  

 CHAPTER   II.  

 ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS.  

Classes of  

civil courts. 
3.  In addition to the courts established under any other law for the 

time being in force, there shall be following classes of civil courts in the 

State, namely:-  

(a) court of a District Judge; 

(b) court of a Senior Civil Judge; 

(c) court of a Civil Judge. 

 

Establishment 

of courts of 

District Judges. 

4. (1) There shall be established by the State Government, in 

consultation with the High Court, by notification, in each district, a court of 

a District Judge. 

(2) Each court of a District Judge shall be presided over by a Judge 

to be called the Principal District Judge. 

 

 (3) (i) When the business pending before a court of a District 

Judge so requires, the State Government may, in consultation with the High 

Court, appoint to that court one or more judges to be called as Additional 

District Judges, for such period as it deems necessary. 

(ii) The Additional District Judge appointed under this sub-

section shall, subject to the general or special orders of the High Court, 

discharge all or any of the functions of a District Judge under this Act or any 

other law for the time being in force which the Principal District Judge may 

assign to him and in the discharge of those functions, he shall exercise all 

the powers of the court of a District Judge. 

 

Establishment 

of courts of 

Senior Civil 

Judges. 

5. (1) There shall be established by the State Government, in 

consultation with the High Court, by notification, in each district, a court of  

Senior Civil Judge: 

Provided that the State Government may, in consultation with the 

High Court establish a court of a Senior Civil Judge for a part of a district 

and specify the local limits of its jurisdiction. 

 

 (2) Each court of a Senior Civil Judge shall be presided over by a 

Judge to be called as Principal Senior Civil Judge. 

 

 (3) (i) When the business pending before a court of a Senior Civil 

Judge so requires, the Government may, in consultation with the High 

Court, fix by notification, the number of judges to be called as Additional 

Senior Civil Judges, for such period as it deems necessary. 

 

 (ii) An Additional Senior Civil Judge so appointed shall, 

subject to the general or special orders of the Principal District Judge, 

discharge all functions of a Senior Civil Judge under this Act or any other 

law for the time being in force which the Principal Senior Civil Judge may 

assign to him and in the discharge of those functions he shall exercise all the 

powers of Senior Civil Judge. 

 

 



2005 : Guj. 21]            The Gujarat Civil Courts Act, 2005.                                                       3 

 6. (1) There shall be established by the State Government, by 

notification, in each district such number of courts of Civil Judges as may be 

fixed by the State Government in consultation with the High Court and 

specify the local limits of jurisdiction of each such court. 

(2) Each court of a Civil Judge shall be president over by a Judge 

to be called as Principal Civil Judge. 

(3) (i) When the business pending before a court of a Civil Judge 

so requires, the State Government may, in consultation with the High Court, 

appoint to that court one or more Judges to be called as Additional Civil 

Judges for such period as it deems necessary. 

(ii) An Additional Civil Judge so appointed shall, subject to the 

general or special orders of the Principal District Judge, discharge all the 

functions of a Civil Judge under this Act or any other law for the time being 

in force which the Principal Civil Judge may assign to him and in the 

discharge of those functions he shall exercise all the powers of a Civil Judge.  

Establishment 

of courts of 

Civil Judges. 

 7. (1) The place or places, at which every civil court under this Act 

shall be held, shall be fixed, and may from time to time, be altered by the 

State Government, in consultation with the High Court. 

Location of 

civil court. 

 (2) The place or places so fixed for a civil court under sub-section 

(1) may be within or outside the local limits of the jurisdiction of that court. 

 

 8. Every civil court under this Act shall use a seal which shall bear 

thereon the State Emblem and shall be, in such form, of such dimensions and 

with the name of the court in such language or languages, as the High Court 

may, in consultation with the State Government, by order, determine. 

Seal of a civil 

court. 

 9. (1) The Courts of District Judges, existing immediately prior to the 

appointed date, shall, with effect from the appointed date, be deemed to be 

Courts of District Judges established under this Act. 

(2) The Courts of Civil Judge (Senior Division), existing immediately 

prior to the appointed date shall, with effect from the appointed date, be 

deemed to be Courts of Senior Civil Judges established under this Act. 

(3) The Courts of Civil Judge (Junior Division) existing immediately 

prior to the appointed date shall, with effect from the appointed date, be 

deemed to be Courts of Civil Judges established under this Act. 

(4) The place at which a civil court deemed to be established under 

sub-sections (1) to (3) is being held immediately prior to the appointed date 

shall be deemed to be the place fixed under said sub-section (1) of section 7. 

(5) The seal in use, in a civil court deemed to be detetmined under 

sub-sections (1) to (3), immediately prior to the appointed date may continue 

to be used until an order is made by the High Court under section 8. 

Existing courts, 

their location 

and seals to be 

deemed to be 

established, 

fixed and 

determined 

under this Act. 



4    The Gujarat Civil Courts Act, 2005.                               [2005 : Guj. 21 

  

Posting of 

District Judges, 

Senior Civil 

Judges and 

Civil Judges. 

10. (1) No person other than a person belonging to the cadre of 

District Judge in the judicial service of the State of Gujarat shall be eligible 

to be posted as a Principal District Judge or as an Additional District Judge. 

(2) No person other than a person belonging to the cadre of Senior 

Civil Judge in the judicial service of the State of Gujarat shall be eligible to 

be posted as a Principal Senior Civil Judge or as an Additional Senior Civil 

Judge. 

(3) No person other than a person belonging to the cadre of Civil 

Judge in the judicial service of the State of Gujarat shall be eligible to be 

posted as a Principal Civil Judge or as an Additional Civil Judge. 

 

 CHAPTER III. 

JURISDICTION OF CIVIL COURTS. 

 

Local limits 

of jurisdiction. 
11. (1) The State Government may, in consultation with the High 

Court, by notification, fix and vary, from time to time, the local limits of 

jurisduction of any civil court under this Act. 

 (2) The local limits of jurisduction of a civil court, existing 

immediately prior to the appointed date, shall be deemed to be the local 

limits of juruduction of that court. 

 

Jurisdiction 

of a court of 

District 

Judge. 

12. (1) A Court of District Judge shall be the principal civil court of 

original jurisdiction within the local limits of its jurisduction. 

(2) Subject to the provisions of the Code, the jurisduction of a 

court of District Judge shall extend to all original suits and proceedings of a 

civil nature. 

(3) A Court of District Judge shall, subject to the general control of 

the High Court, have control over all other civil courts within the local limits 

of its jurisduction. 

 

Jurisdiction 

of a court  

of Senior 

Civil Judge. 

13. The jurisdiction of the court of a Senior Civil Judge shall extend 

to all original suits and proceedings of a civil nature, subject to such rules as 

the High Court may, from time to time make in this behalf. 

 

Jurisdiction 

of a court of 

Civil Judge. 

14. The Jurisdiction of a Court of Civil Judge shall extend to all 

original suits and proceedings of a civil nature, not otherwise excluded from 

the jurisdiction of a Court of Civil Judge by any other law, the value of the 

subject matter of which does not exceed two lakh rupees 1[or such other 

sum as the High Court may, by notification, from time to time specify.] 

 

Transfer of 

pending cases. 

2[14A. All suits and proceedings of a civil nature wherein the subject 

matter exceeds in amount or value of two lakhs rupees but does not exceed 

the value or amount as may be specified by the High Court, by notification, 

from time to time under section 14, pending in a Court of Senior Civil 

Judge shall, after such specification by notification, stand transferred to and 

be disposed of by a Civil Judge within the local limits of his ordinary 

jurisdiction.] 

 

Appeals. 15. (1) Appeals from the decrees and orders passed by a Court of 

District Judge in original suits and proceedings of civil nature shall, when 

such appeals are allowed by law, lie to the High Court. 

(2) Appeals from the decrees and orders passed by a Court of 

Senior Civil Judge in original suits and proceedings of civil nature shall, 

when such appeals are allowed by law, lie- 

 

 1.  These words were substituted for the words “or such other sum as the High Court may, from time to 

time specify” by Guj. 7 of 2014, s. 2.  
 

 2.  Section 14A was inserted, ibid., s. 3.  
   



2005 : Guj. 21]            The Gujarat Civil Courts Act, 2005.                                                       5 

  (a) to the Court of the District Judge of the district when the 

amount or value of the subject matter of the original suit or proceedings is 

less than five lakhs of rupees 1[or such other sum as the High Court may, by 

notification, from time to time, specify]; 

 

  (b) to the High Court in other cases.  

 (3) Appeals from the decres and orders passed by a Court of Civil 

Judge in suits or proceedings of a civil nature, shall, when such appeals are 

allowed by law, lie to the Court of District Judge of the district: 

Provided that the High Court may, in consultation with the State 

Government, by notification, direct that such appeals against decrees and 

orders may lie to the Court of Senior Civil Judge when the amount or value 

of the subject matter of the suit or proceeding is less than one lakh of rupees 

and thereupon appeals shall be preferred accordingly. 

 

 (4) The provisions of this section will apply to all decrees and orders 

made after the appointed date irrespective of the fact whether the suits or 

proceedings in which they are made were instituted before or after the 

appointed date. 

 

 16. Every civil court under this Act shall require a witness or party to 

any suit or other proceedings pending in such court to make such oath or 

affirmation as is prescribed by the law for the time being in force. 

Power to require 

witness or 

party to make 

oath  

or affirmantion. 

 

 

 

9 of 1887. 

17. (1) The High Court may, by notification, invest, with such 

restrictions as it shall from time to time determine, any Court of Senior 

Civil Judge or a Court of Civil Judge, with the jurisdiction for the trial of 

suits cognizable by a Court of Small Causes established under the Provincial 

Small Cause Courts Act, 1887 upto such amount as it may deem proper. 

Investment of 

small cause 

powers to 

courts of 

Senior Civil 

Judges or 

Civil Judges. 

   (2) The High Court may, by notification withdraw or alter 

whenever it thinks fit such jurisdiction of any Court of Senior Civil Judge or 

Civil Judge, so invested. 

 

9 of 1887. (3)  (a) The provosions of the Provincial Small Cause Courts Act, 

1887 applicable to Courts of Small Causes, shall apply to a court invested 

under sub-section (1) with the jurisdiction of a Court of Small Causes, so far 

as the exercise of that jurisdiction by those courts. 

 

  (b) Nothing in sub-clause (a) shall, with respect to the courts 

invested with the jurisdiction of a court of Small Causes, apply to suits 

instituted or proceedings commenced in those courts prior to the date on 

which they were invested with that jurisdiction. 

 

 1.  These words were substituted for the words “or such other sum as the High Court may, from time to 

time, specify” by Guj. 7 of 2014, s.4.  
 

  



6    The Gujarat Civil Courts Act, 2005.                               [2005 : Guj. 21 

 (4) A court invested with the jurisdiction of a Court of Small Causes 

under sub-section (1) with respect to the exercise of that jurisdiction and the 

same court with respect to the exercise of its jurisdiction in suits of civil 

nature which are not cognizable by a Court of Small Causes shall, for the 

purposes of this Act and the Code be deemed to be different courts. 

 

 (5) Notwithstanding anything contained in this Act-  

   (a) when in the exercise of the jurisdiction of a Court of 

Small Causes, a court invested with that jurisdiction sends a decree for 

execution to itself as a court having jurisdiction in suits of a civil nature, 

which are not cognizable by a Court of Samll Causes, or  

 

   (b) when a court in the exercise of its jurisdiction in suits of 

a civil  nature, which are not cognizable by a Court of Samll Causes sends a 

decree for execution to itself as a court invested with the jurisdiction of a 

Court of Small Causes. 

 

 the documants mentioned in rule 6 of Order XXI of the Code shall not be 

sent with the decree unless in any case the court, by order in writing requires 

them to be sent. 

 

Judge not to 

try suits in 

which they are 

interested, etc. 

18. (1) No judicial officer shall try any suit in which he is a party or 

personally interested or shall adjudicate upon any proceedings connected 

with or arising out of such suit. 

 

 (2) No Judicial officer shall try any appeal against any decree or 

order passed by himself in any other capacity. 

 

 (3) When any such suit, proceedings or appeal referred to in sub-

sections (1) and (2) comes before any such judicial officer, he shall report 

the circumstances to the court to which he is immediately subordinate. The 

said superior court shall thereupon dispose of the case in the manner 

prescribed by section 24 of the Code. 

 

Application  

of the Code. 
19. The procedure prescribed in the Code shall, save in so far as is 

otherwise provided by this Act, be followed in all civil courts. 

 

 CHAPTER IV. 

MISCELLANEOUS. 

 

Temporary 

vacancy of 

office of 

Principal 

District Judge. 

20. In the event of the death of the Principal District Judge or of his 

being prevented from performing his duties by illness or otherwise or of his 

absence on leave from the station in which his court is held, the Additional 

District Judge of the district and if there are more than one Additional 

District Judges, the senior most among them and if there is no Additional 

District Judge in the district, the senior most Senior Civil Judge in the 

district, shall, without interruption to his ordinary duties assume charge of 

the office of the Court of Principal District Judge and while so in charge 

perform the duties of the Principal District Judge with respect to the filing of 

the suits and appeals, receiving pleadings, execution of processes, return of 

writs and the like, and shall continue in charge of the said court until the 

same is resumed by a judge duly posted thereto. 

 

 



2005 : Guj. 21]            The Gujarat Civil Courts Act, 2005.                                                       7 

 21. In the event of death, suspension or temporary absence of any 

Principal Senior Civil Judge or Principal Civil Judge, the Principal District 

Judge may empower any Senior Civil Judge or Civil Judge in the district to 

perform such duties of such Principal Senior Civil Judge or Principal Civil 

Judge, as the case may be, as specified in section 20 either at the place of 

such court or of his own court, but in every such case the registers and 

records of the two courts shall be kept distinct. 

Temporary 

vacancy of 

office of 

Principal 

Senior Civil 

Judge or 

Principal Civil 

Judge.  

 22. (1) The civil courts in the State shall be closed on such days as 

may be notified by the High Court as public holidays for the whole State or 

for such area in the State. 

Vacation and 

holidays. 

 (2) The civil courts in the State shall have such number of vacations 

in each year as the High Court may declare but the total number of days of 

such vacations shall not exceed thirty days. 

 

 (3) Notwithstanding anything contained in this Act or in the Code, 

the High Court, may, by general or special order appoint the Principal 

District Judge or an Addditional District Judge or a Senior Civil Judge as 

vacation judge for the District and for the duration of the adjournment of the 

court of Principal District Judge in any vacation or any part thereof and 

regulate the work to be discharged by the vacation judge. 

 

 (4) The local limits of jurisdiction of the vacation judge shall be the 

same as those of the Court of Principal District Judge concerned and his 

jurisdiction shall extend to all suits, appeals and other proceedings pending 

in or cognizable by any civil court in the district concerned. 

 

 (5) The vacation judge shall hold his court at the place at which 

court of Principal District Judge is normally held and he shall have 

administrative control over all the staff of all civil courts in the district. 

 

 

 

36 of 1963. 

(6) Notwithstanding the appointment of a vacation judge every civil 

court in the district shall, during the period it is adjourned for any vacation, 

be deemed to be closed for the purpose of section 4 of the Limitation Act, 

1963. 

 

 (7) On the reopening of any civil court after any vacation all suits, 

appeals and other proceedings pending before the vacation judge shall stand 

transferred to the civil court concerned in which it would have been 

instituted or pending but for the appointment of the vacation judge any 

decree, order or proceedings passed by the vacation judge shall be deemed to 

be a decree, order or proceedings passed by the court concerned. 

 

 23. (1) Subject to the other provisions of this Act and the rules and any 

other law for the time being in force, all civil courts in a district including 

the staff thereof shall, subject to the control of the High Court, be 

subordinate to the Court of District Judge. 

Subordination  

of civil courts. 

 (2) The civil courts shall maintain such forms, books of accounts, 

records, registers and the like as may be specified by the High Court in 

consultation with the State Government. 

 

 



8    The Gujarat Civil Courts Act, 2005.                               [2005 : Guj. 21 

 (3) The State Government may, for discharging its functions and 

responsibilities, require, though the High Court, the civil courts to furnish to 

the Government such particulars and information relating to the working of 

the courts and other matters as may be called for from time to time. 

 

Power to 

invest Senior 

Civil Judges 

with jurisdiction 

under certain 

Acts.  

24. (1) The High Court may by general or special order invest any 

Senior Civil Judge, within such local limits and subject to such pecuniary 

limitation as may be specified in such order, with all or any of the powers of 

a District Judge or a Court of District Judge, as the case may be, under the 

Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act, 

1954, or the Guardians and Wards Act, 1890.  

4 of 1869. 

39 of 1925. 

43 of 1954. 

8 of 1890. 

 (2) Every order made by a Senior Civil Judge by virtue of the 

powers conferred upon him under sub-section (1) shall be subject to an 

appeal to the High Court where the amount or value of the subject matter 

exceeds rupees five lakhs or to the Court of District Judge where the amount 

or value of the subject matter does not exceed rupees five lakhs. 

 

 (3) Every order of a Court of District Judge passed on appeal under 

sub- section (2) from the order of a Senior Civil Judge shall be subject to an 

appeal to the High Court under the rules contained in the Code applicable to 

appeals from appellate decrees. 

 

Fees for 

process.  
25. The High Court shall from time to time, with the sanction of the 

State Government, prescribe and regulate by rules, the fees to be taken for 

any process issued by any civil court. Such rules may provide for payment 

of process fee in a lump sum in advance alongwith the plaint. 

 

Mode of 

conferring 

powers.  

26. Except as otherwise provided any powers that may be conferred by 

the High Court on any person under this Act may be conferred on such 

person either by name or by virtue of office. 

 

Government 

suits.  
27. (1) No subordinate court other than the court of a Senior Civil 

Judge and no Court of Small Cause shall receive or register any suit in 

which the Government or any officer of the Government in his official 

capacity is a party. 

 

 (2) In every such case, the plaintiff shall be referred to the court of 

the Senior Civil Judge. Such suit shall be instituted only in the court of the 

Senior Civil Judge and shall be heard by such Senior Civil Judge subject to 

the provisions of section 24 of the Code. 

 

Constitution 

of consultative 

committee. 

28. The High Court shall constitute a consultative committee for each 

district, consisting of such number of members and in such manner as may 

be prescribed, for making suggestions for the infrastructural facilities in the 

courts, improvement of work culture, co-ordination between the bar, bench 

and other authorities and for the matter incidental thereto. 

 

Power of  

High Court 

to make rules. 

29. (1) The High Court may, after previous publication, by notification, 

make rules for carrying out the purposes of this Act. 

 

 



2005 : Guj. 21]            The Gujarat Civil Courts Act, 2005.                                                       9 

 (2) In particular and without prejudice to the generality of the 

foregoing powers, such rules may provide for all or any of the following 

matters, namely:- 

 

 (a) the manner in which the proceedings of each civil court 

shall be kept and recorded; 

 

 (b) regulating the grant of certified copies of papers in civil 

court; 

 

 (c) regulating the duties and functions of the ministerial officers 

of the civil courts; 

 

 (d) regulating the issue of licenses by the Principal District 

Judge of the district to persons to act as petition writers in civil courts in that 

district and the conduct of business by them and the scale of fees to be 

charged by them; 

 

 (e) providing a penalty of such amount not exceeding five 

hundred rupees for breach of the rules made under clause (d) and the 

authority who could investigate the breach of rules and purpose the penalty; 

 

 (f) forms, books, registers, records and accounts to be 

maintained by the civil courts; 

 

 (g) payment of process fees in lump sum in advance alongwith 

the plaint or otherwise; 

 

 (h) the manner in which a consultative committee may be 

constituted for each district; 

 

 (i) any other matter, not incosistent with the provisions of this 

Act which, in the opinion of the High Court, may be prescribed for the 

effective enforcement of the Act. 

 

Bom. XIV of 1869. 

30. (1) On and from the appointed date the Bombay Civil Courts Act, 

1869, in its application to the State of Gujarat, shall stand repealed. 

Repeal and 

savings. 

 (2) Such repeal shall not affect the previous operation of  

the enactment so repealed and any thing done or any action taken including  

the districts formed, limits defined, courts established or constituted, 

appointments, rules or orders made, functions assigned, powers granted, 

seals or forms prescribed, jurisdiction defined or vested and notifications or 

notices issued by or under the provisions of the said Act and deemed to have 

been done or taken under the provisions thereof shall, in so far as it is not 

inconsistent with the provisions of this Act, be deemed to have been done or 

taken under the corresponding provisions of this Act and shall continue in 

force unless and until superseded by anything done or any action taken 

under this Act. 

 

 



10    The Gujarat Civil Courts Act, 2005.                               [2005 : Guj. 21 

 (3) Notwithunderstanding anything contained in sub-section (1) or 

any other provisions of this Act or in the enactment repealed by sub-section 

(1) or in any other law or provision having the force of law, all suits, appeals 

and proceedings connected therewith, pending before any court, which under 

this Act have to be instituted or commenced in another court, shall, on the 

appointed day, stand transferred to such other court and shall be continued 

and disposed of by such other court in accordance with law as if such suit 

and proceedings had been instituted or commenced in such other court under 

this Act. 

 

 (4) If there be any doubt as to which court any suit, appeal or 

proceedings shall stand transferred or as to which court any appeal shall be 

preferred in accordance with the provisions of this Act the court designated 

by the High Court shall be the court to which such suit, appeal or 

proceedings shall be transferred or such appeal shall be preferred, and the 

decision of the High Court shall be final. 

 

 (5) Notwithstanding such repeal, the provisions of section 7 of the 

Bombay General Clauses Act, 1904 shall apply in relation to the repeal of 

the Bombay Civil Courts Act, 1869 as if the Act had been an enactment 

within the meaning of the said section 7.  

 

Bom. 1 of  1904. 

Bom. XIV of  1869. 

Power to 

remove 

difficulties. 

31. (1) If any difficulty arises in giving effect to the provisions of this 

Act in consequence of the transition to the said provisions from the 

provisions of any enactment or law in force ammediately before the 

commencement of this Act, the State Government in consultation with the 

High Court may by notification; make such provisions as appear to it to be 

necessary or expedient for removing the difficulty.  

 

 (2) No such notification shall be issued after expiry of two years 

from the date of commencement of this Act. 

 

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Government Central Press, Gandhinagar. 

 

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	H-112 Title & Index Guj. Act. No. 19 of 2005
	H-112 Main