Provision of Appeal under the provisions of Gujarat Civil Courts Act 2005

1. PROVISIONS OF APPEAL UNDER
GUJARAT CIVIL COURTS ACT-
2005(WITH AMENDMENT - 2014) &
NOTIFICATION BY GUJARAT HIGH
COURT
Author-Rahul Mistry
E-Mail: rahulmistry@outlook.com
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2. Sec – 2 B
■ ‘civil court’ means a Court of District Judge , A Court of Senior
Civil Judge or a Court of Civil Judge
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Section-3
■ There are 3 classes of civil courts in state defined in Act which are
as under:-
a) Court of District Judge
b) Court of Senior Civil Judge &
c) Court of Civil Judge

3. SECTION-11
Section 11 Defines Local Limits of Jurisdiction
of civil courts –
The State Govt May in consultation with the
High Court By Notification, Fix andVary from
Time to time the Local Limits of Jurisdiction
of any civil court under this Act
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4. SECTION -12 JURISDICTION OF A
COURT OF DISTRICT JUDGE
■ As per Sec 12 (1)-A Court of District Judge shall be the
Principal Civil Court of original Jurisdiction within the local
limits of it’s Jurisdiction
■ As per Sec-12 (2) Jurisdiction of District Court Extent to all
Original suits and proceedings of a civil nature
■ As per Sec-12(3) District Judge subject to General control of
High Court Have Control over all other Civil Courts within the
local limits of it’s Jurisdiction.
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5. Section 13 & 14
■ Section 13 Defines Jurisdiction of Senior Civil Judge which extend
to all original suits and proceedings of a civil nature subject to
Rules made by High Court
■ Section 14 Defines Jurisdiction of Civil Judge which extend to all
original suits and proceedings of Civil nature not otherwise
excluded from the jurisdiction of court of civil judge by any other
law the limit ofValue of suit does not Exceed Rs. 5,00,000/-* or
such other sum as the High court may by notification from time
to time specify.
* limit of pecuniary jurisdiction was enchased by Guj High
Court vide Notification no.c.0202/92 dated 14.10.2014
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6. Section -14 A
■ Above Section is inserted by Amendment Act No.7 of 2014
which specifiesTransfer of pending casesTo Civil Judge
Exceeds the amount of 2,00,000/-but does not exceed the
value of amount as may be specified by High Court By
notification from time to time under Sec-14
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7. Section-15 - Appeals
■ Sec-15 Clause 1- Appeal from the Decrees passed by District
Judge in original suits and proceedings of civil nature when such
appeals are allowed by law lies to High court.
■ Sec-15 Clause 2- For order and decrees passed by court of Senior
Civil Judges appeal lies to :-
District JudgeWhen the amount of value of subject matter
is less than 10,00,000/-*[or such other sum as high court
may time to time decide)-Sec 15 (2) (a)]
& in other cases –to High Court- as per Sec 15 (2) (b)
* limit of pecuniary jurisdiction was enchased by Guj High Court vide
Notification no.c.0202/92 dated 14.10.2014 earlier limit was Rs.
5.00.000/-
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8. Sec-24 Power to Invest Senior Civil Judges
with Jurisdiction under certain Acts
■ As per Section 24 (1) (2)- every order made by Senior Civil
Judge under power conferred upon him u/s 21 (1) (2) shall be
subject to an appeal to High Court where the amount orValue
of the Subject matter Exceeds Rs.5,00,000/-
■ Sec 24 (1) is related to vesting of power to Senior Civil Judge
under Divorce Act, Succession Act, Special Marriage Act and
Guardians andWards Act.
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9. Relevant cases :-
■ KHURSHID CYRUS MEDHORA V/S CYRUS RATANSHAW
MEDHORA & ANR -17/06/2015
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