State · Maharashtra

Section 25 of The Bombay Civil Courts Act, 1869

A Subordinate Judge of the first class, in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature wherein the subject-matter exceeds five thousand rupees in amount or value as may arise within the local jurisdictions of the Courts in the District presided over by Subordinate Judges of the second class. In Districts to which more than one Subordinate Judge of the first class have been appointed, the District Judge, subject to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised.

Summary

A Subordinate Judge of the first class has a special authority on top of their normal duties to hear cases worth more than five thousand rupees.
This special authority applies to high-value cases that happen in the local areas normally overseen by second class judges.
If a district has more than one first class judge, the District Judge assigns specific local areas to each one for this special authority, following the orders of the High Court.

Practical examples

1A land dispute worth twelve thousand rupees happens in a small rural town where only a second class judge is stationed. Since the second class judge cannot hear cases over five thousand rupees, a first class judge using their special jurisdiction will handle it instead.

2A large district has three first class judges at the main headquarters. The District Judge divides the surrounding rural areas among the three, so each judge knows exactly which high-value cases they are responsible for reviewing under their special jurisdiction.

FAQ

1. Why is this special jurisdiction needed?

Because second class judges cannot hear civil cases worth more than five thousand rupees, a first class judge must step in to handle those larger cases arising from those specific areas.

2. Who decides which areas a first class judge covers for these special cases?

The District Judge decides the local limits for each judge, but they must follow any orders issued by the High Court.

3. Does this replace the first class judge's normal duties?

No, the law states this special jurisdiction is exercised in addition to their ordinary jurisdiction.

Test yourself

Q1.Under Section 25 of The Bombay Civil Courts Act, 1869, what financial threshold triggers the special jurisdiction of a Subordinate Judge of the first class in areas presided over by second class judges?

Q2.Under Section 25 of The Bombay Civil Courts Act, 1869, who assigns the local limits for special jurisdiction when there are multiple first class Subordinate Judges in a district?

Q3.If Section 24 limits a second class judge to cases up to five thousand rupees, how does Section 25 of The Bombay Civil Courts Act, 1869 solve the problem of a six thousand rupee case arising in a second class judge's area?

Q4.Under Section 25 of The Bombay Civil Courts Act, 1869, is the special jurisdiction the only duty a first class Subordinate Judge performs?

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