Section 23 in The Maharashtra Civil Courts Act, 1869
23. Situation of Subordinate Courts.
- The [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall hold their Courts at such place or places as the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.] Government] may from time to time appoint within the local limits of their respective jurisdictions:[Provided that for special reasons it shall be lawful for the [ [State] [This proviso was inserted by section 4 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).] Government] to order that a [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall hold his Court at a place outside the local limits of his jurisdiction.]Wherever more than one such place is appointed the District Judge shall, subject to the control of the High Court, fix the days on which the [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall hold his Court at each of such places, and the [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall cause such days to be duly notified throughout the local limits of his jurisdiction.The same person may be the Judge of more than one subordinate Court [and may dispose of the civil business of any one of his Courts at the headquarters of any of his Courts] [The words 'and may dispose of the civil business of any one of his Court at the headquarters of any other of his Courts' were inserted by section 2(1) of Bombay' 7 of 1930.]; and in such cases the District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which the [Civil Judge] [The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall sit in each Court.Appointment of Joint [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.].[For the purpose of assisting' the Judge of any subordinate Court in the disposal of the civil business on his file, [the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the [State] [[These two paragraphs were substituted for the original last paragraph of section 23 by Bombay 1 of 1900, Section 4.The original paragraph was as follows :-'The Judge of any subordinate Court may, with the previous sanction of the High Court, be deputed by the District Judge to the Court of another Subordinate Judge for the purpose of assisting him in the disposal of the suits on his file.']] ] one or more Joint [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.], or the District Judge may, with the previous sanction of the High Court, depute to such Court the Judge of another subordinate Court within the district. A [Civil Judge] [The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] thus appointed or deputed to assist in the Court of another [Civil Judge] [The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by Judge of such Court. [He may also dispose of the Civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf.] [The sentence was added by section 2(2) of Bombay 7 of 1930.]Provisions applicable to Joint [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]For the purpose of this section the provisions of the Act applicable to [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall be, and shall be deemed always to have been applicable to joint [Civil Judges] [The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]:Provided that no such Joint [Civil Judge] [The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.] shall hear and determine any suit instituted under section 4 of the Dekkhan Agriculturists' Relief Act, 1879, unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.]
