28. [ Power to invest Civil Judges with small cause powers.- [Substituted for the original section by Bom. Act 94 of 1958, S.7 (1-4-1959)]
(1)The High Court may invest any Civil Judge with the jurisdiction of a Court of Small Causes for the trial of suits cognizable by such Courts up to such amount as it may deem proper, not exceeding in the case of a Civil Judge (Senior Division) [three thousand rupees] and in the case of a Civil Judge (Junior Division) [one thousand and five hundred rupees] [Substituted for the words "five hundred rupee" by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of 1977). S.15(b) (1-1-1978).].(2)A Civil Judge (Senior Division) or a Civil Judge (Junior Division) who is invested with the jurisdiction of a Court of Small Causes under sub-section (1), shall continue to have such jurisdiction within the local limits of his ordinary jurisdiction so long and so often as he may fill the office of Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, without reference to the District in which he may be employed.(3)The High Court may, whenever it thinks fit, withdraw such jurisdiction from any Civil Judge so invested.][28-A. Power to invest Civil Judges with jurisdiction under certain Acts.- [Inserted by Bom. Act 5 of 1912, S.2.](1)The High Court may by general or special order invest any Civil Judge, within such local limits and subject to such pecuniary limitation as may he prescribed in such order, with all or any of the powers of it District Judge or a District Court as the case may be under the Indian Succession Act, 1865. the Probate and Administration Act, 1881, or Paragraph 5 of Schedule llt to the Code of Civil Procedure, 1908.(2)Every order made by a Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject-matter exceeds or does not exceed [fifty thousand rupees].(3)Every order of the District Judge passed on appeal under sub-section (2) from the order of a Civil Judge shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals from appellate decrees].
