There shall continue to be a High Court
for the Jammu and Kashmir State.
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.
The High Court shall make rules for
the transaction of the work of the High Court.
(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.
(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.
(A) The High Court may make rules
consistent with this Regulation and any other enactments for the time being
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.
The Court of the District Judge, also
called the District Court;
(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.
(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.
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
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 intestate whether within
or without the State as are or may be conferred on it by any law for the
time being in force.
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:
(2) The Court of the Additional Judge;
(3) The Court of Subordinate Judge;
(4) The Court of the Munsiff.
(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.
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.
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.