United Provinces Act,1890
Act No : 20
Section :
Application of Act 12 of 1887 to Jhansi, and disposal of pendingcases.
9. Application of Act 12 of 1887 to Jhansi, and disposal of pending cases. 6* * * * * (2) All cases or proceedings pending in any Civil Court in the said division on the said day 1* shall be disposed of as follows:-- (a) if pending in the Court of a Tahsildar or of an Assistant Commissioner of the second class--by the Munsif; ---------------------------------------------------------------------- 1. That is, the 1st April, 1891. 2. Since rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P. 1 of 1903). 3. Rep. by Act 42 of 1953. 4. "Agra" has been subs. for "North-Western Provinces" by Act 16 of 1911. 5. The second clause of sub-section (1), and sub-section (2) were rep. by Act 1 of 1938, s. 2 and Sch. 6. Sub-section (1) rep., ibid. 79 (b) if pending in the Court of an Assistant Commissioner of the first class-by the Subordinate Judge; (c) if pending in the Court of a Deputy Commissioner--by the District Judge; (d) if pending in the Court of the Commissioner--by the District Judge, unless the case pending is an appeal from a decree or order of the Deputy Commissioner, in which case the appeal shall be disposed of by the High Court. (3) For the purposes of sections 20 to 22, both inclusive, of the Bengal, 1*North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887), all decrees and orders passed by Civil Courts in the said division and not appealed against before the said day2* shall be deemed-- (a) if passed by the Court of a Tahsildar or an Assistant Commissioner of the second class--to have been passed by a Munsif; (b) if passed by the Court of an Assistant Commissioner of the first class--to have been passed by a Subordinate Judge; (c) if passed by the Court of a Deputy Commissioner or the Commissioner--to have been passed by a District Judge. (4) Where any Civil Court ceases by reason of the passing of this Act to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court to which the business of the former Court is transferred by sub-section (2); but this sub-section shall not apply to cases for which provision is made in section 623 or section 649 of the Code of Civil Procedure. 3* (14 of 1882). (5) In the case of appeals from the decrees and orders mentioned in sub-section (3) the period of limitation shall be calculated in accordance with the provisions of section 15 of the Jhansi Courts Act, 1867 4* (18 of 1867), as though this Act had not been passed.
Read All Comments
