State Act
The Dadra and Nagar Haveli and Daman and Diu Civil Courts and Miscellaneous Provisions, 1963
1. (1) This Regulation may be called the Dadra and Nagar Haveli3[and Daman and Diu](Civil Courts and Miscellaneous Provisions) Regulation, 1963. (2) It extends to the whole of the Union territory of Dadra and Nagar Haveli4[and Daman and Diu]. (3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
2. (1) On and from the commencement of this Regulation, in addition to the courts established under any other law for the time being in force, there shall be in the Union territory of Dadra and Nagar Haveli5[and Daman and Diu] (which shall be a district for the purpose of this Regulation -- (a) a court of the District Judge;6[*] (b) 7 [a court of the Civil Judge (Senior Division);and (c) a court of the Civil Judge (Junior Division)]. (2) The District Judge and the 8[Civil Judges] shall be appointed by 9[the Administrator of the Union territory of Dadra and Nagar Haveli] 10[and Daman and Diu] after consultation with the High Court at Bombay (hereinafter referred to as the High Court).
3 The place at which any court under this Regulation shall be held may be fixed and may from time to time be altered by the Administrator of Dadra and Nagar Haveli 11[and Daman and Diu].
4 Every court under this Regulation shall use a seal of such form and dimensions as are for the time being prescribed by the Central Government after consultation with the High Court.
5. (1) The court of the District Judge shall be the principal civil court of original jurisdiction in the district within the meaning of the Code of Civil Procedure, 1908. 12[(2) (a)The jurisdiction of the court of the District Judge and the court of the Civil Judge (Senior Division) shall extend to all original suits and proceedings of a civil nature. (b) The jurisdiction of the court of the Civil Judge (Junior Division) shall extend to all original suits and proceedings of a civil nature wherein the subject matter does not exceed the value of 13[five lakh rupees.] (3) The court of the 14[Civil Judges] shall be subordinate to the court of the District Judge and subject to the general superintendence and control of the High Court, the court of the District Judge shall have general control over the court of the 15[Civil Judges] and its establishment, and the District Judge may give such directions with respect to matters not provided for by law and he may think necessary. 16[(4) No court other than the court of the Civil Judge (Senior Division) shall receive or register any suit in which the Central Government or the Administrator of the Union territory of Dadra and Nagar Haveli 17[and Daman and Diu] or any officer of the Government in his official capacity is a party; Provided that the Administrator of the Union territory of Dadra and Nagar Haveli 18[and Daman and Diu] may, by general or special order notified in the Official Gazette, direct that the provisions of this sub-section shall not apply to any suit or class or category of suit of the nature referred to in that order. (5) Nothing contained in sub-section (4) shall apply to a suit against the administration of a Government Railway.]
6. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of the court of the District Judge shall lie to the High Court. (2) An appeal from a decree or order of the court of the Civil Judge shall lie - (a) to the court of the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order has been made, does not exceed 19[ten lakh rupees]; and (b) to the High Court in any other case.
20[7. (1) The High Court may invest any court of the Civil Judge with the jurisdiction of a Judge of the court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of small causes suits up to such value, as it may deem proper, not exceeding in the case of the court of the Civil Judge (Senior Division)21[twelve thousand rupees] and in the case of the court of the Civil Judge (Junior Division) 22[Six thousand rupees]. (2) The High Court may, whenever it thinks fit, withdraw such jurisdiction from any court of the Civil Judge so invested.]
Exercise by court of Civil Judge of jurisdiction of court of District Judge in certain proceedings.
8. (1) The High Court may, by general or special order, authorize the court of the 23[Civil Judge (Senior Division)] to take cognizance of and the court of the District Judge to transfer to the court of the 24[Civil Judge (Senior Division)], any proceeding or any class of proceedings specified in such order, under -- (a) the Guardians and Wards Act, 1890, or (b) the Provincial Insolvency Act, 1920, or (c) the Indian succession Act, 1925. (2) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, the 25[Civil Judge (Senior Division)] and may dispose of it himself. (3) Proceedings taken cognizance of by, or transferred to, the court of the 26[Civil Judge (Senior Division)] shall be disposed of by it subject to the rules applicable to like proceedings in the court of the District Judge.
9 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 27[Civil Judge (Senior Division) or in his absence the Civil Judge (Junior Division)] 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 to be in charge of the office until the same is resumed or assumed by an officer duly appointed thereto.
10 The ministerial officers of the courts of the District Judge and the 28[Civil Judges] shall be appointed by the District Judge.
11. (1) The courts of the District Judge and the 29[Civil Judges] shall have holidays on Sundays 30[****]and such other days as may be sanctioned by the High Court. (2) The High Court may also permit the said courts to adjourn from time to time for periods not exceeding in the whole six weeks in each year.
12. (1) The Advocates Act, 1961, as amended by sub-section (2), shall extend to, and come into force in, the Union territory of Dadra and Nagar Haveli31[and Daman and Diu]: Provided that the provisions of the said Act which have not been brought into force immediately before the commencement of this Regulation in the areas to which the said Act extends shall come into force only on such date or dates as the Central Government may, by notification under sub-section (3) of section 1 of the said Act, appoint. (2) In sub-section (1) of section 3 of the said Act, - (i) in clause (a), the word “Maharashtra” shall be omitted; (ii) after clause (c), the following clause shall be inserted, namely: - “(cc) for the State of Maharashtra and the Union territory of Dadra and Nagar Haveli32[and Daman and Diu], to be known as the Bar Council of Maharashtra;”.
13. (1) Any proceedings of a civil nature pending in a court immediately before the commencement of this Regulation shall, on such commencement, be deemed to be transferred to the court exercising jurisdiction under this Regulation or the High Court in which the proceedings would have lain if it had been instituted after such commencement, and the court to which the proceedings is transferred or the High Court shall proceed to try, hear and determine the matter as if it had been pending therein. (2) Any appeal from a decree or order passed by a court and not appealed against before the commencement of this Regulation shall lie to the court exercising jurisdiction under this Regulation or the High Court 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 Regulation by any court shall be deemed for the purpose of execution to have been passed by the court exercising jurisdiction under this Regulation which corresponds, so far as may be, to the jurisdiction of the court which passed the decree or order or, as the case may be, by the High Court: 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 may be subject.
33[13A On the commencement of the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Amendment Regulation, 2019,- (1) all suits in which the amount or value of the subject matter does not exceed rupees five lakhs and which are pending before the Court of Civil judge (Senior Division), immediately, before such commencement, shall stand transferred to the concerned Court of Civil Judge (Junior Division) and such court may deal with such suit from the stage which was reached before such transfer or from any earlier stage or de-novo as such court may deem fit; (2) all appeals in which the amount or value of the subject matter does not exceed rupees ten lakhs and pending before the High Court immediately before such commencement, shall stand transferred to the concerned District Court and such District Court may deal with such appeal from the stage which was reached before such transfer or from any earlier stage or de-novo as such court may deem fit; Provided that, this decision shall not apply to any suits and appeals which are pending before the Court of Civil Judge (Senior Division) or as the case may be, before the High Court, which are statutorily provided under the relevant enactment before such Court.].
14. If any difficulty arises in giving effect to the provisions of this Regulation, the Central Government may, by order in the Official Gazette, make such provisions as appear to it to be necessary or expedient for the removal of the difficulty.