The Civil Courts Act, 1887

Firefox http://bdlaws.minlaw.gov.bd/act-print-59.
html
17/11/2021 The Civil Courts Act, 1887
The Civil Courts Act, 1887

( ACT NO. XII OF 1887 )
[ 11th March 1887 ]
1
♣An Act to consolidate and amend the law relating to Civil Courts in Bangladesh.
WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
Title, extent 1. (1) This Act may be called the 2[* * *] Civil Courts Act.
and
commencement (2) It extends to Bangladesh except such portions [thereof] as for the time
3
being are not subject to the ordinary civil jurisdiction of the High Court
Division 4[* * *]; and
(3) It shall come into force on the first day of July, 1887.
[Repealed] 2. (1) 5[Repealed by the Amendment Act, 1891 (Act No. XII of 1891)].
(2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973), section 3 and 2nd Schedule.]
(3) Any enactment or document referring to the Bengal Civil Courts Act,
1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed,
shall be construed to refer to this Act or to the corresponding portion thereof.
CHAPTER II
CONSTITUTION OF CIVIL COURTS
Classes of 6[3. There shall be following classes of Civil Courts, namely:-

Civil Courts
(a) the Court of the District Judge;
1 of 16 11/17/2021, 11:49 AM
Firefox http://bdlaws.minlaw.gov.bd/act-print-59.html
(b) the Court of the Additional District Judge;
(c) the Court of the Joint District Judge;
(d) the Court of the Senior Assistant Judge; and
(e) the Court of the Assistant Judge.]
Number of [4. The Government may alter the number of District Judges, Additional
7
Judges
District Judges, Joint District Judges, Senior Assistant Judges and Assistant
Judges now fixed.]
[Repealed] 5. [Repealed by the Decentralization Act, 1914 (Act No. IV of 1914).]
Vacancies 6. (1) Whenever the office of District Judge or 8[Joint District] Judge is vacant
among
by reason of the death, resignation or removal of the Judge or other cause,
District or
Joint or whenever an increase in the number of District or 9[Joint District] Judges
District
has been made under the provisions of section 4, the Government or, as the
Judges
case
may be, the High Court Division may fill up the vacancy or appoint the
Additional District Judges or 10[Joint District] Judges.
(2) Nothing in this section shall be construed to prevent a Government from
appointing a District Judge or 11

[Joint District] Judge to discharge, for such
period as it thinks fit, in addition to the functions devolving on him as such
District Judge or 12[Joint District] Judge, all or any of the functions of another
District Judge or 13[Joint District] Judge, as the case may be.
[Omitted] 7. [Omitted by the Government of India (Adaptation of Indian Laws) Order,
1937.]
Additional 8.(1) When the business pending before any District Judge requires the aid
District
of 14[Additional District] Judges for its speedy disposal, the Government may,
Judges
having consulted the High Court Division, appoint such 15[Additional District]
Judges as may be requisite.
(2) [Additional District] Judges so appointed shall discharge any of the

16
2 of 16 11/17/2021, 11:49 AM
functions of a District Judge which the District Judge may assign to them,
and, in the discharge of those functions, they shall exercise the same powers
as the District Judge.
Administrative 9. Subject to the superintendence of the High Court Division, the District
control of
Judge shall have administrative control over all the Civil Courts under this
Courts
Act within the local limits of his jurisdiction.
Temporary 10. (1) In the event of the death, resignation or removal of the District Judge,
charge of
or of his being incapacitated by illness or otherwise for the performance of
District
Court his duties, or of his absence from the place at which his Court is held, the
[Additional District] Judges, or, if an

17
[Additional District] Judge is not
18
present at that place, the senior 19[Joint District] Judge present thereat, shall,
without relinquishing his ordinary duties, assume charge of the office of the
District Judge, and shall continue in charge thereof until the office is resumed
by the District Judge or assumed by an officer appointed thereto.
(2) While in charge of the office of the District Judge, the [Additional
20
District] Judge or 21[Joint District] Judge, as the case may be, may, subject to
any rules which the High Court Division may make in this behalf, exercise
any of the powers of the District Judge.
Transfer of 11. (1) In the event of the death, resignation or removal of a 22

[Joint District]
proceedings
Judge, or of his being incapacitated by illness or otherwise for the
on vacation
of office of performance of his duties, or of his absence from the place at which his
Joint
Court is held, the District Judge may transfer all or any of the proceedings
District
Judge pending in the Court of the 23 [Joint District] Judge either to his own Court or
to any Court under his administrative control competent to dispose of them.
(2) Proceedings transferred under sub-section (1) shall be disposed of as if
they had been instituted in the Court to which they are so transferred:
(3) Provided that the District Judge may re-transfer to the Court of the 24[Joint
District] Judge or his successor any proceedings transferred under sub-
3 of 16 11/17/2021, 11:49 AM
section (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of
the [Joint District] Judge on the occurrence of an event referred to in sub-

25
section (1), and with respect to which that Court has exclusive jurisdiction,
the District Judge may exercise all or any of the jurisdiction of that Court.
[Omitted] 12. [Omitted by the Government of India (Adaptation of Indian Laws) Order,
1937.]
Power to fix
local limits
of
jurisdiction
of Courts
4 of 16 11/17/2021, 11:49 AM
13. (1) The Government may, by notification in the official Gazette, fix and
alter the local limits of the jurisdiction of any Civil Court under this Act.
(2) If the same local jurisdiction is assigned to two or more [Joint District]
26
Judges or to two or more 27

[Senior Assistant Judges or Assistant Judges],
the District Judge may assign to each of them such civil business cognizable
by the 28
[Joint District] Judge or [Senior Assistant Judge or Assistant
29
Judge], as the case may be, as, subject to any general or special orders of
the High Court Division, he thinks fit.
(3) When civil business arising in any local area is assigned by the District
Judge under sub-section (2) to one of two or more 30[Joint District] Judges or
to one of two or more 31

[Senior Assistant Judges or Assistant Judges], a
decree or order passed by the 32

[Joint District] Judge or [Senior Assistant
33
Judge or Assistant Judge] shall not be invalid by reason only of the case in
which it was made having arisen wholly or in part in a place beyond the local
area if that place is within the local limits fixed by the Government under sub-
section (I).
(4) A Judge of a Court of Small Causes appointed to be also a 34

[Joint
District Judge or Senior Assistant Judge or Assistant Judge is a Joint District
Judge or Senior Assistant Judge or Assistant Judge], as the case may be,
within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this
Act shall be deemed to have been fixed under this section.
Place of 14. (1) The Government may, by notification in the official Gazette, fix and
sitting of
alter the place or places at which any Civil Court under this Act is to be held.
Courts
(2) All places at which any such Courts are now held shall be deemed to
have been fixed under this section.
Vacations of 15. (1) Subject to such orders as may be made by the Government the High
Courts
Court Division shall prepare a list of days to be observed in each year as
5 of 16 11/17/2021, 11:49 AM
closed holidays in the Civil Courts.
(2) The list shall be published in the official Gazette.
(3) A judicial act done by a Civil Court on a day specified in the list shall not
be invalid by reason only of its having been done on that day.
Seals of 16. Every Civil Court under this Act shall use a seal of such form and
Courts
dimensions as are prescribed by the Government.
Continuance 17. (1) Where any Civil Court under this Act has from any cause ceased to
of
have jurisdiction with respect to any case, any proceedings in relation to that
proceedings
of Courts case which, if that Court had not ceased to have jurisdiction, might have
ceasing to
been had therein may be had in the Court to which the business of the
have
jurisdiction former Court has been transferred.
(2) Nothing in this section applies to cases for which provision is made in
sections 36, 37 and 114 of, and rule 1 of Order XLVII in Schedule I to the
Code of Civil Procedure, 1908, or in any other enactment for the time being
in force.
CHAPTER III
ORDINARY JURISDICTION
Extent of 18. Save as otherwise provided by any enactment for the time being in force,
original
the jurisdiction of a District Judge or [Joint District] Judge extends, subject
35
jurisdiction
of District or to the provisions of section 15 of the Code of Civil Procedure, 1908 to all
Joint
original suits for the time being cognizable by Civil Courts.
District
Judge
Extent of 36
[19. (1) Save as otherwise provided by any enactment for the time
jurisdiction
being in force, the jurisdiction of a Senior Assistant Judge and an
of Senior
Assistant Assistant Judge shall extend to all suits of which the value does not
Judge, etc.
exceed 25 (twenty five) lac Taka and 15 (fifteen) lac Taka respectively.
(2) The District Judge shall transfer the suit or proceeding pending
6 of 16 11/17/2021, 11:49 AM
before the Joint District Judge Court or the Senior Assistant Judge Court
to the competent court within 90 (ninety) days from the date of
enforcement of the Civil Courts (Amendment) Act, 2021.
(3) If any suit or proceeding is transferred under sub-section (2), the suit
or proceeding shall start from the stage at which it was transferred.]
37
[Appeal 20. (1) Save as otherwise provided by any enactment for the time being in
from District
force, an appeal from a decree or order of a District Judge or 38
[Additional
and
Additional District] Judge shall lie to the High Court Division.
District
(2) An appeal shall not lie to the High Court Division from a decree or order
Judges]
of an 39[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.
40[Appeal 21.41[(1) Save as aforesaid, an appeal from a decree or order of a Joint

from Joint
District Judge shall lie-
District
Judge, etc.]
(a) to the District Judge where the value of the original suit in which or in
any proceeding arising out of which the decree or order was made did
not exceed 5 (five) crore Taka; and
(b) to the High Court Division in any other case.
(1A) No appeal or proceeding pending before the High Court Division
shall be transferred to the District Judge only because of the
enhancement of pecuniary jurisdiction of a District Judge by the Civil
Courts (Amendment) Act, 2021.]
(2) Save as aforesaid, an appeal from a decree or order of a 42 [Senior
Assistant Judge or an Assistant Judge] shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District
Judge under sub-section (1) or sub-section (2) has been assigned to an
[Additional District] Judge, the appeals may be preferred to the

43
[Additional District] Judge.

44
7 of 16 11/17/2021, 11:49 AM
(4) The High Court Division may, with the previous sanction of the
Government, direct, by notification in the official Gazette, that appeals
lying to the District Judge under sub-section (2) from all or any of the
decrees or orders of any 45

[Senior Assistant Judge or an Assistant
Judge], shall be preferred to the Court of such 46[Joint District] Judge as
may be mentioned in the notification, and the appeals shall thereupon be
preferred accordingly.
CHAPTER IV
SPECIAL JURISDICTION
47[Power of 22.(1) A District Judge may transfer to any [Joint District] Judge under his
48
District
administrative control any appeals 22.(1) A District Judge may transfer to
Judge to
transfer any [Joint District] Judge under his administrative control any appeals
49
appeals]
pending before him from the decrees or orders of [Senior Assistant Judges
or Assistant Judges].(2) The District Judge may withdraw any appeal so
transferred, and either hear and depose 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.
Exercise by 23.(1) The High Court Division may, by general or special order, authorise
Joint
any 50[Joint District] Judge or 51[Senior Assistant Judge or Assistant Judge] to
District
Judge or take cognizance of, or any District Judge to transfer to a 52[Joint District]
Senior
Judge or 53[Senior Assistant Judge or Assistant Judge] under his
Assistant
Judge or administrative control, any of the proceedings next hereinafter mentioned or
Assistant any class of those proceedings specified in the order.
Judge of
Jurisdiction (2) The proceedings referred to in sub-section (1) are the following, namely:-
of District
(a) Proceedings under the Bengal Wills and Intestacy Regulation, 1799;
Court in
certain (b)-(c) [Repealed by the Guardians and Wards Act, 1890 (Act VIII of 1890).]
proceedings
(d) Proceedings under the Succession Act, 1925, which cannot be disposed
8 of 16 11/17/2021, 11:49 AM
of by District Delegates; and
[* * *]. (3) The District Judge may withdraw any such proceedings taken
54
cognizance of by, or transferred to, a 55

[Joint District] Judge or 56
[Senior
Assistant Judge or Assistant Judge], and may either himself dispose of them
or transfer them to a Court under his administrative control competent to
dispose of them.
Disposal of 24. (1) Proceedings taken cognizance of by, or transferred to, a [Joint
57
proceedings
District] Judge or [Senior Assistant Judge or Assistant Judge], as the case
58
referred to
in last may be, under the last foregoing section shall be disposed of by him subject
foregoing
to the rules applicable to like proceedings when disposed of by the District
section
Judge:
Provided that an appeal from an order of a 59

[Senior Assistant Judge or
Assistant Judge] in any such proceeding shall lie to the District Judge.
(2) An appeal from the order of the District Judge on the Appeal from the
order of the [Senior Assistant Judge or Assistant Judge] under this section
60
shall lie to the High Court Division if a further appeal from the order of the
District Judge is allowed by the law for the time being in force.
Power to 25. The Government may, by notification in the official Gazette, confer, within
invest Joint
such local limits as it thinks fit, upon any 62
[Joint District] Judge or 63
[Senior
District
Judges and Assistant Judge or Assistant Judge] the jurisdiction of a Judge of a Court of
61[Senior
Small Causes under the 64[* * *] Small Cause Courts Act, 1887, for the trail of
Assistant
Judges or suits, cognizable by such Courts, up to such value not exceeding 65 [twenty
Assistant thousand Taka in the case of a 66 [Joint District] Judge or ten thousand Taka
Judges with
in the case of 67[a Senior Assistant Judge or six thousand Taka in the case of
Small Cause
Court an Assistant Judge]] as it thinks fit, and may withdraw any jurisdiction so
jurisdiction]
conferred:
Provided that the Government may, by notification in the official Gazette,
delegate to the High Court Division its powers under this section.
9 of 16 11/17/2021, 11:49 AM
Reference [25A. Where in any other law for the time being inforce any reference is
68
of Judges in
made to Additional Judge, or Subordinate Judge, or Assistant Judge, the
other laws
reference shall be construed respectively as to Additional District Judge, or
Joint District Judge, or Senior Assistant Judge or Assistant Judge as the
case may be.]
[Omitted] 26-35. [Omitted by the 1st Schedule of the Government of India (Adaptation
of Indian Laws) Order, 1937.]
CHAPTER VII
SUPPLEMENTAL PROVISIONS
Power to 36. (1) The Government may invest with the powers of any Civil Court under
confer
this Act, by name or in virtue of office,-
powers of
Civil Courts Clause (a) [Omitted by the Governor General Order 4 of 1949, Schedule.]
on officers
(b) after consultation with the High Court Division any officer serving in any
part of the territories to which this Act extends and belonging to a class
defined in this behalf by the Government.
(2) Nothing in sections 4, 5, 6, 8. 10 or 11 applies to any officer so invested,
but all the other provisions of this Act shall, so far as those provisions can be
made applicable, apply to him as if he were a Judge of the Court with the
powers of which he is invested.
(3) [Omitted by East Pakistan (Amendment) Ordinance, 1962 (Ordinance No.
XIII of 1962).]
(4) Where the place at which the Court of an officer invested with powers
under sub-section (1) is to be held has not been fixed under section 14, the
Court may be held at any place within the local limits of its jurisdiction.
Certain 37.(1) Where in any suit or other proceeding it is necessary for a Civil Court
decisions to
to decide any question regarding succession, inheritance, marriage or caste,
be
according to or any religious usage or institution, the [Muslim] law in cases where the
69
local law
parties are 70 [Muslim], and the Hindu law in cases where the parties are
10 of 16 11/17/2021, 11:49 AM
Hindus, shall form the rule of decision except in so far as such law has, by
legislative enactment, been altered or abolished.
(2) In cases not provided for by sub-section (1) or by any other law for the
time being in force, the Court shall act according to justice, equity and good
conscience.
Judges not 38. (1) The presiding officer of a Civil Court shall not try any suit or other
to try suits
proceeding to which he is a party or in which he is personally interested.
in which
they are (2) The presiding officer of an appellate Civil Court under this Act shall not try
interested
an appeal against a decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section
(1) or sub-section (2) comes before any such officer, the officer shall
forthwith transmit the record of the case to the Court to which he is
immediately subordinate, with a report of the circumstances attending the
reference.
(4) The superior Court shall thereupon dispose of the case under 71
[section
24 of the Code of Civil Procedure, 1908].
(5) Nothing in this section shall be deemed to affect the extraordinary original
civil jurisdiction of the High Court Division.
Subordination 39. For the purposes of the last foregoing section the presiding officer of a
of Courts to
Court subject to the administrative control of the District Judge shall be
District
Court deemed to be immediately subordinate to the Court of the District Judge,
and, for the purposes of the Code of Civil Procedure 1908, the Court of such
an officer shall be deemed to be of a grade inferior to that of the Court of the
District Judge.
Application 40.(1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of
of Act to
Small Causes constituted under the 72[* * *] Small Cause Courts Act, 1887.
Courts of
Small (2) Save as provided by that Act, the other sections of this Act do not apply
Causes
to those Courts.
11 of 16 11/17/2021, 11:49 AM
1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka” and "High Court Division"
were substituted, for the words “East Pakistan”, “Provincial Government”, “rupees” and "High Court" respectively by section 3
and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
2The words “East Bengal” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973).
3 The word “thereof” was substituted, for the words “of that province” by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
4The words “of East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
5The words “or East Bengal Civil Court Act” were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973).
6
Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
7 Section 4 was substituted, for section 3 by section 3 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
8 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
9 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
10The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
2001 (Act No. XLIX of 2001).
2001 (Act No. XLIX of 2001).
13
The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
14
The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
15
2001 (Act No. XLIX of 2001).
16
2001 (Act No. XLIX of 2001).
17
2001 (Act No XLIX of 2001).
18
19
The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment)
12 of 16 11/17/2021, 11:49 AM
Act, 2001 (Act No. XLIX of 2001).
20The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act,
21
22
23
24The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment)
25
27 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of
the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
29 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
2001 (Act No. XLIX of 2001).
31
The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of
2001 (Act No. XLIX of 2001).
33
The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the
Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
34
The words “Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant
Judge or Assistant Judge” were substituted, for the words “Subordinate Judge or Assistant Judge is a Subordinate Judge or
Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
35
2001 (Act No. XLIX of 2001)
36
Section 19 was substituted by section 2 of The Civil Courts (Amendment) Act, 2021 (Act No. V of 2021).
37
The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act,
38
13 of 16 11/17/2021, 11:49 AM
39The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act,
2001 (Act No. XLIX of 2001).
40
The marginal heading was substituted, for the former marginal heading by section 12 of the Civil Courts (Amendment) Act,
41
Sub-section (1) and (1A) were substituted by section 3 of The Civil Courts (Amendment) Act, 2021 (Act No. V of 2021).
42
The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12
of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
43The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment)
44The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment)
45 The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12
46The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).
47The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001 (Act
No. XLIX of 2001)
48
The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts
49
The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 13
2001 (Act No. XLIX of 2001).
51 The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of
52
2001 (Act No. XLIX of 2001).
53
The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of
54
Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.
55
The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts
56
The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15
and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
57
14 of 16 11/17/2021, 11:49 AM
58The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15
59
60
61
In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant
Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
62
63The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15
64The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973).
65
The words, brackets and figures “twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the
case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in
the case of any other Assistant Judge” were substituted, for the words, brackets and figure “ten thousand Taka in the case of a
Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-
section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge” by section 4 of the Civil Courts
(Amendment) Act, 1990 (Act No. XLVIII of 1990).
66
2001 (Act No. XLIX of 2001).
67 The words “a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge” were substituted, for the
words “an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in
the case of any other Assistant Judge” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
68 Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
69The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws
70
The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws
71
The words, figures and comma “section 24 of the Code of Civil Procedure, 1908” were substituted, for the words and figure
“section 25 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973).
72The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act,
1973 (Act No. VIII of 1973)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs
15 of 16 11/17/2021, 11:49 AM
16 of 16 11/17/2021, 11:49 AM

The Civil Courts Act, 1887

Uploaded by

Copyright:

Available Formats

The Civil Courts Act, 1887

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Civil Courts Act, 1887

Uploaded by

Copyright:

Available Formats

Firefox http://bdlaws.minlaw.gov.bd/act-print-59.

The Civil Courts Act, 1887

[ 11th March 1887 ]

Division 4[* * *]; and

(Act No. VIII of 1973), section 3 and 2nd Schedule.]

shall be construed to refer to this Act or to the corresponding portion thereof.

Classes of 6[3. There shall be following classes of Civil Courts, namely:-

(b) the Court of the Additional District Judge;

(c) the Court of the Joint District Judge;

(d) the Court of the Senior Assistant Judge; and

(e) the Court of the Assistant Judge.]

Judges now fixed.]

[Repealed] 5. [Repealed by the Decentralization Act, 1914 (Act No. IV of 1914).]

Additional District Judges or 10[Joint District] Judges.

(2) Nothing in this section shall be construed to prevent a Government from

appointing a District Judge or 11

period as it thinks fit, in addition to the functions devolving on him as such

District Judge or 13[Joint District] Judge, as the case may be.

[Omitted] 7. [Omitted by the Government of India (Adaptation of Indian Laws) Order,

Judges as may be requisite.

(2) [Additional District] Judges so appointed shall discharge any of the

as the District Judge.

[Additional District] Judges, or, if an

by the District Judge or assumed by an officer appointed thereto.

any of the powers of the District Judge.

Transfer of 11. (1) In the event of the death, resignation or removal of a 22

to any Court under his administrative control competent to dispose of them.

(2) Proceedings transferred under sub-section (1) shall be disposed of as if

District] Judge or his successor any proceedings transferred under sub-

section (1) to his own or any other Court.

the [Joint District] Judge on the occurrence of an event referred to in sub-

Judges or to two or more 27

the High Court Division, he thinks fit.

to one of two or more 31

decree or order passed by the 32

(4) A Judge of a Court of Small Causes appointed to be also a 34

District Judge or Senior Assistant Judge or Assistant Judge is a Joint District

within the meaning of this section.

Act shall be deemed to have been fixed under this section.

have been fixed under this section.

closed holidays in the Civil Courts.

(2) The list shall be published in the official Gazette.

be invalid by reason only of its having been done on that day.

to the competent court within 90 (ninety) days from the date of

enforcement of the Civil Courts (Amendment) Act, 2021.

or proceeding shall start from the stage at which it was transferred.]

40[Appeal 21.41[(1) Save as aforesaid, an appeal from a decree or order of a Joint

not exceed 5 (five) crore Taka; and

(b) to the High Court Division in any other case.

(1A) No appeal or proceeding pending before the High Court Division

shall be transferred to the District Judge only because of the

enhancement of pecuniary jurisdiction of a District Judge by the Civil

Courts (Amendment) Act, 2021.]

(2) Save as aforesaid, an appeal from a decree or order of a 42 [Senior

Assistant Judge or an Assistant Judge] shall lie to the District Judge.

Judge under sub-section (1) or sub-section (2) has been assigned to an

[Additional District] Judge, the appeals may be preferred to the

[Additional District] Judge.

Government, direct, by notification in the official Gazette, that appeals

decrees or orders of any 45