CourtMesh

Section 17

The Gujarat Civil Courts Act, 2005State Act of Gujarat · Act 21 of 2005

(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.

Where this provision sits

ActThe Gujarat Civil Courts Act, 2005
Section17
JurisdictionState of Gujarat
StatusIn force as published by the source

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