Kerala Civil Courts Act, 1957
No: 1 Dated: Jan, 12 1957
Kerala Civil Courts Act, 1957
(Act No. 1 of 1957)
An act to consolidate and amend the law relating to civil courts in the State of Kerala, subordinate to the High Court of Kerala.
Preamble. - Whereas it is expedient to consolidate and amend the laws relating to civil courts in the State of Kerala, subordinate to the High Court of Kerala;
Be it enacted as follows:-
Part I
Preliminary
1. Short title, extent and commencement. - (1) This act may be called the Kerala Civil Courts Act, 1957.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
Part II
Establishment and Constitution of Subordinate Civil Courts
2. Classes of subordinate civil courts. - In addition to the courts established under any other law for the time being in force, there shall be the following classes of civil courts in the State, namely:-
(i) the court of a District Judge (hereinafter referred to as the District Court);
(ii) the court of a Subordinate Judge (hereinafter referred to as the subordinate Judge's Court);
(iii) the court of a Munsiff (hereinafter referred to as the Munsiff's Court).
3. Establishment of District court. - (1) For the purposes of this Act, the Government may, by notification in the Gazette divide the State into civil districts (hereinafter referred to as districts) and alter the limit or the number of such districts.
(2) The Government shall establish a District Court for each district and a Judge (hereinafter called the District Judge) shall be appointed to such court.
4. Appointment of Additional District Judges. - (1) When the state of business pending before a District Court so requires, one or more Additional District Judges may be appointed to that court for such period as is deemed necessary.
(2) An Additional District Judge shall discharge all or any of the functions of the District Judge under this Act in respect of all matters which the District Judge may assign to him, or which under the provision of section 7 may be instituted before him and in the discharge of those functions he shall exercise the same powers as the District Judge.
5. Establishment of Subordinate Judge's Courts and Munsiff's Courts. - (1) The Government may, in consultation with the High Court, establish in each district such number of Subordinate Judge's Courts and Munsiff's Courts as they deem necessary.
(2) The Government may, in consultation with the High Court, fix, and from time to time vary, by notification in the Gazette, the number of Subordinate Judges to be appointed for a subordinate Judge's Court or the number of Munsiffs to be appointed for a Munsiff's Court.
6. Principal and Additional Subordinate Judge and Munsiff. - (1) When more than one Subordinate Judge is appointed to a Subordinate Judge's Court, or more than one Munsiff is appointed to a Munsiff's Court, one of the Subordinate Judges or Munsiffs shall be appointed the Principal Subordinate Judge or the Principal Munsiff and the others Additional Subordinate Judges or Additional Munsiffs, as the case may be.
(2) Each of the Judges or Munsiffs appointed to a Subordinate Judge's Court or a Munsiff's court may exercise all or any of the powers conferred on the court by this Act or any other law for the time being in force.
(3) Subject to the general or special orders of the District Judge, the Principal Subordinate Judge or the Principal Munsiff 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 or Munsiffs thereof.