Official source document text
Text extracted from the official document. It may include schedules, forms and source footnotes. PDF layout and table alignment can differ.
Open document text
THE PUDUCHERRY CIVIL COURTS ACT, 1966
(No.12 of 1966)
ARRANGEMENT OF SECTIONS
SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Courts and their number and jurisdiction.
4. Appointment of Additional Judges.
5. Situation of Courts.
6. Courts under the Act to be successors to existing Courts.
7. Seal of Court.
8. Jurisdiction o f District Judge or Subordinate Judge and District
Munsif in original suits.
9. Appeal from Decrees and Orders of District Courts, Subordinate
Courts and District Munsif Courts.
10. Power to require witness or party to make oath or affirmation.
11. Judges not to try suits in which they are interested nor try
appeals from decrees passed by them in other capacities.
12. Duties of ministerial officers.
13. Temporary discharge of duties of District Judge.
14. District Judge to control Civil Courts.
15. Power to invest Subordinate Judge or Munsif with small cause
jurisdiction.
16. Exercise by Subordinate Judge of jurisdiction of District Judge in
certain proceedings.
17. Vacation.
18. Abolition of Conseil Judge of jurisdiction of District Judge in
certain proceedings.
19. Abolition of the Offices of the Procureur de la Republique.
20. Pending proceedings.
21. Rule of construction.
22. Effect on other laws.
23. Power to remove difficulties.
24. Repeal and saving.
-:2:-
THE PUDUCHERRY CIVIL COURTS ACT, 1966
(Act No. 12 of 1966)
21st October, 1966.
AN ACT
to consolidate and amend the law relating to the Civil Courts in the Union
territory of Puducherry.
BE it enacted by the Legislative Assembly of Puducherry in the
Seventeenth Year of the Republic of India as follows: -
1. Short title, extent and commencement. – (1) This Act may be called the
Pondicherry Civil Courts Act, 1966.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such +date as the Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed
for different provisions of this Act, and any reference to the commencement of this
Act in any provision thereof shall be construed as a reference to the date on which
that provision comes into force.
2. Definitions. – In this Act, unless the context otherwise requires, --
(a) “Government” means the Administrator appointed by the President
under article 239 of the Constitution;
(b) “High Court” means the High Court at Madras;
(c) “Union territory” means the Union territory of Puducherry.
3. Courts and their number and jurisdiction. -- (1) There shall be the
following Courts in the Union territory *[…], namely: -
*[(a) the Courts of the District Judge], (b)
the Subordinate Judge’s Courts, and (c)
the Munsif’s Courts.
+ This Act came into force w.e.f 5.9.1968 vide Notification S.O. No.98 published in the
Extraordinary Gazette No.73 dated 4.9.68.
* Amended vide Act No.9 of 1986. This Act came into force w.e.f 1.9.1986 vide Notification
published in the Gazette of Puducherry No.34 dt. 26.8.86
-:3:-
(2) Appointments to the posts of District Judge, Sub-ordinate Judge and
Munsif shall be made by the Government in accordance with rules made under
article 309 of the Constitution:
Provided that appointment to the post of District Judge shall be made
after consultation with the High Court.
(3) The number of *[Courts of the District Judge, Subordinate Judge’s
Courts] and Munsif’s Courts shall be fixed and may, from time to time, be altered
by the Government.
*[(4) The local limits of the jurisdiction of a Court of the District Judge, a
Subordinate Judge’s Court and a Munsif’s Court shall be such as the Government
may, by notification in the Official Gazette, specify:
Provided that the Government may, by a like notification, alter the
jurisdiction of any Court under this sub-section from time to time].
4. Appointment of Additional Judges. – (1) The Government may, if satisfied
after consultation with the High Court that the state of business pending before
any Court so requires, appoint in accordance with the provisions of sub-section (2)
of section 3 one or more Additional Judges to that Court for such period as it may
deem necessary.
(2) When more than one Judge is appointed to a Court, one of the Judges
shall be appointed the Principal Judge of that Court.
(3) Each of the Judges appointed to a Court may exercise all or any of the
powers conferred on that Court by this Act or any other law for the time being in
force.
(4) The Principal Judge of every Court may, from time to time, make such
arrangements as he thinks fit for the distribution of the business of the Court
among the various Judges thereof:
Provided that the District Judge, or the Principal District Judge, if there is
more than one District Judge, may give such general or special direction in regard
to the distribution of work in the courts of Subordinate Judge and Munsif.
Explanation. – In this section, unless the context otherwise requires, the
expression ‘judge’ includes a Subordinate Judge and Munsif.
* Substituted vide Act No.9 of 1986 w.e.f 26-6-1986.
-:4:-
5. Situation of Courts. – (1) The place at which any Court under this Act shall
be held may be fixed and may, from time to time, be altered by the Government.
(2) The place fixed for any Court under this section shall be deemed to be
within the local jurisdiction of that Court.
6. Courts under the Act to be successors to existing Courts. – (1) The
Tribunal Superieur d’ Appel, Courts of Tribunal de lere Instance and Juge de Paix
existing immediately before the commencement of this Act shall be respectively
the first Court of the District Judge, Subordinate Judges’ Court and Munsif’s Court
under this Act.
*[Provided that in any area of the Union territory where there is no
Subordinate Judge’s Court or Munsif’s Court, the next superior court exercising
jurisdiction in that area shall be the successor to the Court of Tribunal de lere
Instance or the Court of Juge de Paix, as the case may be].
(2) As from the commencement of this Act, ---
(a) the President and Judges of the Tribunal Superieur d’
Appel holding office immediately before such
commencement shall respectively function as the
Principal District Judge and Additional District
Judges; and
(b) the Presidents of the Tribunal de lere Instance and
Juges de Paix holding office immediately before such
commencement shall respectively function as
Subordinate Judges and Munsifs within their
jurisdiction.
(3) Subject to the other provisions of this Act, a District Judge sitting
singly shall exercise all the powers and functions of the Tribunal Superieur d’
Appel in respect of all pending cases and cases remanded by the High Court in
exercise of its powers as Cour de Cassation.
7. Seal of Court. – Every Court under this Act shall use a seal of such form
and dimensions as are, for the time being, prescribed by the Government.
* Inserted vide Act No.9 of 1986 w.e.f 26-6-1986
-:5:-
*[8. Jurisdiction of District Judge, Subordinate Judge and District Munsif
in original suits. – (1) The jurisdiction of the District Judge shall, subject to the
rules of procedure contained in the Code of Civil Procedure, 1908 (hereinafter
referred to in this section as the said Code) for the time being in force, extend to all
original suits and proceedings of a civil nature, of which the amount or value of
the subject matter exceeds rupees five lakhs.
(2) The jurisdiction of the Subordinate Judge shall, subject to the rules of
procedure contained in the said Code for the time being in force, extend to all
original suits and proceedings of a civil nature, of which the amount or value of
the subject matter exceeds rupees one lakh but does not exceed rupees five lakhs:
**[“Provided that the jurisdiction of the Subordinate Judge’s Court at
Mahe and Yanam extends, subject to the provisions of the said Code to all original
suits and proceedings of civil nature.”]
(3) The jurisdiction of the District Munsif shall extend to all like suits and
proceedings not otherwise exempted from his cognizance, of which the amount or
value of the subject matter does not exceed rupees one lakh:
Provided that the Government may, by notification in the Official Gazette,
increase the jurisdiction as and when exigency arises].
***[9. Appeal from Decrees and Orders of District Courts, Subordinate
Courts and District Munsif Courts. – (1) Appeals from the Decrees and
Orders of District Judges at Puducherry and Karaikal shall, when such appeals are
allowed by law, lie to the High Court of Judicature at Madras.
(2) Appeals from the Decrees and Orders of the Subordinate Judges at
Puducherry shall, when such appeals are allowed by law, lie to the Court of
District Judge at Puducherry.
(3) Appeals from the Decrees and Orders of the Subordinate Judges at
Mahe and Yanam shall, when such appeals are allowed by law, lie to the High
Court of Judicature at Madras:
Provided that in so far as appeals from the Decrees and Orders of the
Subordinate Judges at Mahe and Yanam in any civil suit where the suit value does
not exceed rupees five lakhs, shall, when such appeals are allowed by law, lie to the
Court of District Judge at Puducherry.
_____________________________________________________________________
* Substituted vide Act No.5 of 2005. This Act came into force w.e.f 01.11.2005
** Substituted vide Act No.5 of 2015. This Act came into force w.e.f 01.07.2015
_ *** Substituted vide Act No.9 of 2017. This Act came into force w.e.f 01.08.2017.
-6-
(4) Appeals from the Decrees and Orders of the Subordinate Judges at Yanam
where such decrees and orders were passed by the said Judge concerned as if, he is a
District Munsif in relation to their respective jurisdictional areas shall, when such
appeals are allowed by law, lie to the Court of District Judge at Puducherry.
(5) Appeals from the D ecrees and O rders of Subordinate Judge at
Karaikal shall, when such appeals are allowed by law, lie to the Court of District
Judge at Karaikal:
(6) Appeals from the Decrees and Orders of District Minsifs shall, when
such appeals are allowed by law, lie to the Court of Subordinate Judge.
Provided however that the pecuniary limit specified in this section shall
not apply in the case of appeals from Decrees and Orders passed under and in
accordance with the French law relating to civil procedure.
(7) Transitory provisions.- (1) All suits pending in the District Court,
Karaikal, when the amount or the value of the subject matter of the suit exceeds
rupees one lakh but, does not exceed rupees five lakhs shall stand transferred to
the Subordinate Court at Karaikal.
(2) All first appeals from the Decrees and Orders of the District Munsif
Court at Karaikal and pending on the file of the District Court at Karaikal and
when the amount or the value of the subject matter of such appeals does not
exceed rupees one lakh shall stand transferred to the Subordinate Court at
Karaikal.
(3) All suits pending in the Subordinate Court at Mahe, where the amount
or the subject matter of the suit does not exceed rupees one lakh shall stand
transferred to the District Munsif Court at Mahe.
(4) All the part-heard and judgment reserved suits and appeal shall be
heard and disposed of by the respective Courts as if, this Act has not been passed].”
-:7:-
10. Power to require witness or party to make oath or affirmation. – Every
Court under this Act may require a witness or party to any suit or other
proceeding pending in such Court to make such oath or affirmation as is
prescribed by the law for the time being in force.
11. Judges not to try suits in which they are interested nor try appeals from
decrees passed by them in other capacities. – (1) (a) *[No District Judge, Vacation
Civil Judge], Subordinate Judge or Munsif shall try any suit to or in which he is a
party or personally interested, or shall adjudicate upon any proceeding connected
with, or arising out of, such suit.
(b) *[No District Judge, Vacation Civil Judge], or Subordinate Judge
shall try any appeal against a decree or order passed by himself in another
capacity.
(2) When any such suit, proceeding or appeal comes before ---
(a) *[any Vacation Civil Judge, Subordinate Judge] or Munsif, he
shall report the circumstances to the District Judge, who shall thereupon either
take up the case himself or transfer the case to some other officer, otherwise
competent to deal with the same;
(b) any District Judge, he shall transfer the case to an Additional
District Judge or if there be no such Judge, to a Subordinate Judge who is
otherwise competent to deal with the same:
* Substituted vide Act No.9 of 1986 w.e.f. 26-6-1986
-:8:-
Provided that in the absence of any judicial officer competent to deal with
the same within the Union territory, the District Judge shall report the
circumstances to the High Court, which shall thereupon deal with the case itself or
transfer the case for disposal to any other District Judge under its jurisdiction.
12. Duties of ministerial officers. – The ministerial officers of a Court shall
perform such duties as may, from time to time, be imposed upon them by the
presiding officer of the Court.
13. Temporary discharge of duties of District Judge. – In the event of the
death of the District Judge, or of his being incapacitated by illness or otherwise for
the performance of his duties or of his absence from the station in which his Court
is held, the senior Additional District Judge or the Additional District Judge, as the
case be or if there is no Additional District Judge, the senior Subordinate Judge in
the station in which his Court is held shall, without interruption to his ordinary
duties, assume charge of the District Judge’s Office, and shall discharge such of the
current duties thereof as are connected with the filing of suits and appeals, the
execution of processes and the like, and shall continue in charge of the office until
the same is resumed or assumed by an officer duly appointed thereto.
14. District Judge to control Civil Courts. – (1) The Court of the District
Judge shall be the principal Civil Court of original jurisdiction *[in the local limits
over which such court exercises jurisdiction] within the meaning of any law
relating to procedure for the time being in force and the Subordinate Judge’s Court
and the Munsif’s Court shall be subordinate to it.
(2) Subject to the other provisions of this Act and any other law for the
time being in force and to the general superintendence and control of the High
Court, the general control over all Civil Courts under this Act shall be vested in the
*[Chief Judge].
*[Explanation.– For the purpose of this section, "Chief Judge" shall mean
the Principal District Judge, Pondicherry].
15. Power to invest **[ ] Subordinate Judge or Munsif with small cause
jurisdiction. – (1) The Government may, by notification in the Official Gazette,
invest within such local limits as it shall, from time to time, appoint –
* Substituted vide Act No.9 of 1986 w.e.f 26.06.1986
** Deleted vide Act No.5 of 2005 w.e.f 01.11.2005.
-:9:-
(a) any *[Subordinate Judge] with the jurisdiction of a Judge of a
Court of small Causes for the trail of suits cognizable by such
Courts up to the amount of +[five thousand rupees]; and
(b) any Munsif with the same jurisdiction upto the amount of +[two
thousand rupees].
(2) The Government may, by like notification, withdraw such jurisdiction
from the *[Subordinate Judge] or Munsif as invested under sub- section (1).
**[Transitory provisions. (1) All small cause suits pending on the file of
the District Court, Karaikal, where the amount or the subject value of such small
cause suits does not exceeds rupees two thousand but, does not exceed rupees five
thousand shall stand transferred to the Subordinate Court at Karaikal].
**[(2) All small cause suits pending on the file of the District Court,
Karaikal, where the amount or the subject value of such small cause suits exceeds
rupees two thousand but, does not exceed rupees five thousand shall stand
transferred to the Subordinate Court at Karaikal].
(3) All the part-heard and judgment reserved suits shall be heard and
disposed of by the respective courts as if this Act has not been passed.]
16. Exercise by Subordinate Judge of jurisdiction of District Judge in
certain proceedings. – (1) The High Court may, by general or special order,
authorize any Subordinate Judge to take cognizance of, any District Judge, to
transfer to any Subordinate Judge under his control, any proceedings under the
Indian Succession Act, 1925 (39 of 1925), which cannot be disposed of by District
Delegates.
(2) The District Judge may withdraw any such proceedings taken
cognizance of by, or transferred to, a Subordinate Judge and may either himself
dispose of them or transfer them to a Court competent to dispose of them.
(3) Notwithstanding anything contained in section 9, proceedings taken
cognizance of by or transferred to, a Subordinate Judge under the provisions of
this section shall be disposed of by him subject to the law applicable to like
proceedings when disposed of by the District Judge.
* Substituted vide Act No.9 of 1986 w.e.f 26-06-1986
+ Substituted vide Act No.9 of 2005 w.e.f 01.11.2005
** Substituted vide Act No.9 of 2017 w.e.f 01-08-2017
-:10:-
17. Vacation. – *[(1) The annual vacations for the Courts constituted under
this Act shall be fixed by the High Court].
(2) Such annual vacations shall not exceed in the aggregate sixty days in
the case of the Court of the District Judge and a Subordinate Judge’s Court and
forty-five days in the case of a Munsif’s Court.
**[Omitted].
(3) Notwithstanding anything contained in this Act or in the Code of Civil
Procedure, 1908, the Government may, for the duration of the annual vacations,
appoint a Vacation Civil Judge in each of the regions of the Union territory,
namely, Pondicherry, Karaikal, Mahe and Yanam;
Provided that a Vacation Civil Judge appointed for Pondicherry or
Karaikal region shall be not below the rank of a Subordinate Judge.
(4) The local limits of the jurisdiction of the Vacation Civil Judge shall be
the same as those of the principal Civil Court in the region concerned.
(5) The jurisdiction of the Vacation Civil Judge shall extend to all suits,
appeals and other proceedings pending in, or cognizable by, any civil court in the
region concerned when such court is adjourned for annual vacations.
(6) Notwithstanding the appointment of the Vacation Civil Judge, every
civil court in the Union territory shall, during the period it is adjourned for annual
vacations, be deemed to be closed for the purpose of section 4 of the Limitation
Act, 1963.
(7) On the reopening of a Court of the District Judge, a Subordinate
Judge’s Court or a Munsif’s Court after the annual vacations, all suits, appeals and
other proceedings pending in the court of the Vacation Civil Judge which, but for
this section, would have been instituted or pending in such Court of the District
Judge, Subordinate Judge’s Court or Munsif’s Court, as the case may be, shall
stand transferred to such Court of the District Judge, Subordinate Judge’s Court or
Munsif’s Court and any decree, order or proceeding passed by the Vacation Civil
Judge shall, after such transfer, be deemed to be a decree, order or proceeding
passed by the court concerned.
(8) Notwithstanding the provisions of sub-section (7), any appeal from the
decree or order of the court of the Vacation Civil Judge shall, when such appeal is
allowed by law, lie to the High Court].
* Amended vide Act No.5 of 2005 w.e.f. 01-11-2005.
** Omitted vide Act No.9 of 1986 w.e.f. 26-6-1986.
-:11:-
18. Abolition of Conseil du Contentieux Adminsratif. – (1) As from the
commencement of this Act, the Court of Conseil du Contentieux Administratif
shall stand abolished.
(2) Notwithstanding such abolition, all cases pending before the said
Court immediately before such commencement and those cases that may be
remanded by the High Court in exercise of its powers as Conseil d’ Etat, shall be
heard and disposed of by the District Judge or an Additional District Judge sitting
singly in accordance with the procedure followed immediately before the
commencement of this Act in so far as it is not inconsistent with the provisions of
this Act.
19. Abolition of the Offices of the Procureur de la Republique. – (1) As from
the commencement of this Act, the Offices of the Procureur de la Republique shall
stand abolished.
(2) Notwithstanding such abolition, the Government may, by notification
in the Official Gazette, empower any officer holding a degree or diploma in law to
perform the duties and functions of the said offices under the French law in so far
as may be necessary for such areas as may be specified.
20. Pending Proceedings. – (1) Any proceeding of a Civil nature pending in a
Court immediately before the commencement of this Act shall, on such
commencement, be deemed to be transferred to the Court exercising jurisdiction
under this Act in which the proceedings would have lain if it had been instituted
after such commencement, and the Court to which the proceedings in transferred
shall proceed to try, hear and determine the matter as if it has been pending
therein.
(2) Any appeal from a decree or order passed by a Court and not appealed
against before the commencement of this Act shall lie to the Court exercising
jurisdiction under this Act to which such appeal would have lain if it had been
preferred after such commencement.
(3) Any decree or order passed before the commencement of this Act by
any court shall be deemed, for the purpose of execution, to have been passed by
the Court exercising jurisdiction under this Act which corresponds, so far as may
be, to the jurisdiction of the Court which passed the decree or order.
Provided that nothing in sub-section (1) or sub-section (2) shall be
construed as extending the period of limitation to which any suit or appeal or
application my be subject.
21. Rule of construction. – References in any law in force in the Union
territory to the Tribunal Superieur d’ Appel, the Tribunal de lere Instance or the
Juge de Paix shall be construed as references to the Court of the District Judge or a
Subordinate Judge or a Munsif as the case may require.
-:12:-
22. Effect on other laws. – The provisions of this Act shall have effect
notwithstanding any thing inconsistent therewith contained in any other law in
force in the Union territory.
23. Power to remove difficulties. -- If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by order published in the Official
Gazette, make such provisions as appear to it to be necessary or expedient for
removing the difficulty.
24. Repeal and saving – (1) As from the commencement of this Act, any law
in force in the Union territory including the Ordinances, Decrees and Arretes
specified in the Schedule in so far as it makes provisions for the matters covered by
this Act, shall stand repealed.
(2) Notwithstanding anything contained in the foregoing provisions, the
constitution and organisation of Courts under this Act shall not prejudicially affect
the continued operation of any notice served, injunction issued, direction made or
proceedings taken before the commencement of this Act by any court under the
powers conferred upon it by any law for the time being in force.
THE SCHEDULE
(see section 24)
1. Royal Ordinance dated 7th February, 1842 relating to judicial organisation.
2. Decree dated 22nd August, 1928 determining the status of the colonial
Magistrates and the composition of Courts, Tribunals, etc.
3. Decree dated 5th August, 1881 relating to organisation and competency of
Administrative Courts in the Colonies.
4. Decree No. 47-707, dated 12th April, 1947 relating to the setting up of an
Administrative Court (Conseil du Contentieux Administratif) in the
French settlements in India.
5. Decree No. 48-2032, dated 30th December, 1948 providing for the
composition of an Administrative Court in French India.
6. Arrete No. 267, dated 25th February, 1949 determining the functions of the
Administrative Courts’ Secretary.
7. Arrete, dated 1-7-1936 laying down the rules governing the Process
Servers of the Judicial Department.
----------------------
About this act
- Jurisdiction
- puducherry
- Enactment date
- 1966-10-21
- Sections available
- Document reader
India Code, Government of India. Text fetched 12 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.