No: 46 Dated: Apr, 16 1977

THE CIVIL COURTS ACT, 1977 (1920 A. D.)

(Act No. XLVI of Samvat 1977)

1. Short title, extent and commencement.—(1) This Act may be called the Jammu and Kashmir State Civil Courts Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Definitions.— In this Act, unless there is something repugnant in the subject or context,—

(i) “small cause” means a suit of the nature cognizable by a Court of small causes under the Small Cause Courts Act ;

(ii) “value” used with reference to a suit means the amount or value of the subject matter of the suit.

3. The High Court.— There shall continue to be a High Court for the Jammu and Kashmir State

4. Civil appellate jurisdiction.— The High Court shall be deemed for the purposes of all enactments for the time being in force to be the highest Civil Court of appeal or revision.

5. Rules for work in High Court.— The High Court shall make rules for the transaction of the work of the High Court.

6. Ministerial officers.—(1) The High Court shall have a Registrar and shall have the power to appoint such ministerial officers as may be necessary for the administration of justice by the Court and for the exercise and performance of the powers and duties conferred and imposed on it by this Act.

(2) The Registrar and the ministerial officers appointed under this section shall exercise such powers and discharge such duties of non-judicial or quasijudicial nature as the High Court may direct.

(3) Any ministerial officer may be suspended or dismissed from his office by order of the High Court.

7. Superintendence and control of subordinate Courts.— (1) The general superintendence and control over all other Civil Courts shall be vested in, and all such Courts shall be subordinate to, the High Court.

(2) The High Court shall from time to time visit and inspect the proceeding of the Courts subordinate to the High Court and shall give such directions in matters not provided for by law as may be necessary to secure the due administration of justice.