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Regulation No. XLVI Jammu and Kashmir State Civil Courts Regulation

Legal Document No 38


  1. There shall continue to be a High Court for the Jammu and Kashmir State.
  2. The High Court shall be deemed for the purpose of all enactments for the time being in force to be the highest Civil Court of appeal or revision, subject to the control of, and the judicial powers exercised by, His Highness the Maharaja Sahib Bahadur.
  3. The High Court shall make rules for the transaction of the work of the High Court.
  4. (a) 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 Regulation. (b) The Registrar and the Ministerial Officers appointed under this section shall exercise such powers and discharge such duties of non-judicial or quasi-judicial nature as the High Court may direct. (c) Any Ministerial Officer may be suspended or dismissed from his office by order of the High Court.
  5. (a) 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. (b) The High Court shall from time to, time visit and inspect the proceedings 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.
  6. (A) The High Court may make rules consistent with this Regulation and any other enactments for the time being in force:
    • providing for the translation of any papers filed in the High Court and copying and printing any such papers or translations. and requiring from the persons at whose Instance or on whose behalf they are filed payment of the expenses thereby incurred;
    • declaring what persons shall be permitted to practice as petition-writers in the Courts of the State, regulating the conduct of business by persons so practicing, and determining the authority by which broachers of rules under this clause shall be tried;
    • determining in whet eases legal practitioners shall be permitted to address the Court in English;
    • prescribing forms for seals to be used by those Courts;
    • regulating the procedure in cases where any person is entitled to inspect a record of any such Court or obtain a copy of the same, and prescribing the fees payable by such persons, for searches, inspections and copies;
    • conferring and imposing on the Ministerial Officers of the subordinate Courts such powers and duties of a non-judicial or quasi-judicial nature as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed shall be exercised and performed;
    • prescribing forms for such books, entries, statistics and accounts as it thinks necessary to be kept, made or compiled in those Courts or submitted to any authority;
    • providing for the inspection of those Courts and the supervision of the working thereof;
    • regulating the exercise of the control vested in the High Court by section 35 (4) of this Regulation; and
    • regulating all such matters as it may think fit, with a view to promoting the efficiency of the judicial and Ministerial Officers of those Courts, and maintaining proper discipline among those officers.
(B) Whoever breaks any rule made under clause (b) shall be punished with a fine which may extend to fifty rupees.
  1. (1) The High Court shall comply with such requisitions as may be made by His Highness for certified copies, or, extracts from records of the Court and the Courts subordinate thereto.
  2. (1) The High Court, wren sitting as a Court of Civil judicature, shall take evidence and record judgments and orders in such manner as it, by rule, directs, and may frame forms for any proceeding in the Court in the exercise of its civil jurisdiction. (2) The following provisions of Code of Civil Procedure shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, rule 3 of Order X, rule 5 to 9 (both inclusive). rule 11, rule 13 to 15 (both inclusive) and rule 16 of Order XVIII (so far as it relates to the manner of taking evidence), rules 1, 3, 4 and 5 of Order XX and so much of rule 7 of Order XXXIII as relates to the making of a memorandum.
  3. The High Court has and shall have power to remove and to try and determine as a Court of extraordinary original jurisdiction any suit being of falling within the jurisdiction of any Court subject to its superintendence when High Court shall thinly proper to do so, either on the agreement of the parties to that effect or for purpose of justice.
  4. The High Court shall have such power and authority in relation to the granting of probates of last wills and testaments and letters of administration of the goods, chattles, credits and all other effects whatsoever of persons dying in the state whether within or without the State as are or may be conferred on it by any law for the time being in force.
  5. Besides the High Court, the Courts of Small Causes established under the small Cause Courts Regulation, and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely:
The Court of the District Judge, also called the District Court;

(2) The Court of the Additional Judge;

(3) The Court of Subordinate Judge; and

(4) The Court of the Munsiff.

  1. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or Additional Judge exercising original jurisdiction, shall lie to the High Court. (2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which the decree or order had been made by the District Judge, an appeal would not lie to that Court.
    • Save as aforesaid an appeal from a decree or order of a Subordinate Judge shall lie: (a) to the District Judge where the value of the original suit in which the decree or order was made did not exceed two thousand and five hundred rupees; and (b) to the High Court in any other case.
    • Save as aforesaid, an appeal from a decree or order of a Munsiff shall lie to the District Judge.
    • Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
    • An appeal from the order of District Judge on the appeal from the order of the Munsiff under section 25 shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.
The High Court may, with the previous sanction of His Highness, and by notification in the State Gazette, direct that appeals lying to the District Court under sub-section (2) from all or any of the decrees or orders passed in an original suit by any Munsiff shall be preferred to such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly, and the Court of such Subordinate Judge shall be deemed to be a District Court for the purposes of all appeals so preferred.
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