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PART II · CHAPTER II APPELLATE AND REVISIONAL JURISDICTION IN CIVIL CASES

Section 21: Appeals from 1[Civil Judges]

The Himachal Pradesh Courts Act, 1976

How current this text is

Text as published by the Law Department, Government of Himachal Pradesh, with amendments up to H.P. Act No. 19 of 2022.

(1) Save as aforesaid, an appeal from decree or order of a 2[Civil 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 3[sixty lakh rupees;] and

(b) to the High Court in any other case.

(2) where the function of receiving appeals which lie to the District Judge under sub-section (1) has been assigned to an Additional District Judge, the appeals may be preferred to the Additional District Judge.

(3) The High Court may by notification direct that appeals lying to the District Court from all or any of the decrees or orders passed in an original suit by any 4[Civil Judge] shall be preferred to such other 5[Civil Judge] as may be mentioned in the notification and the appeals shall thereupon be preferred accordingly and the Court of such other 6[Civil Judge] shall be deemed to be a District Court for the purposes of all appeals so preferred.

Footnotes in the official text

  1. 1.Substituted for the words "Subordinate Judges" vide H.P. Act No. 14 of 2003.
  2. 2.Substituted for the words "Subordinate Judge" vide H.P. Act No. 14 of 2003.
  3. 3.In section 21(1)(a) the words "Twenty-five thousand rupees" substituted for "ten thousand rupees" vide H.P. Act No. 10 of 1980, effective from 5th July, 1980,the words "Twenty-five thousand rupees" substituted by the words "fifty thousand rupees" vide H.P. Act No. 16 of 1984,the words "fifty thousand" substituted by the words "two lakh " vide H.P. Act No. 1 of 1995, the words “five lakh rupees” substituted for “two lakh rupees” H.P. Act No. 4 of 2007, the words “ten lakh” substituted for the words “five lakh ” vide H.P. Act No. 24 of 2009, the words “twenty lakh rupees” substituted for the words “ten lakh rupees” vide H.P. Act No. 9 of 2014 and again the words “sixty lakh rupees” substituted for the words “twenty lakh rupees” vide H.P. Act No. 19 of 2022.
  4. 4.Substituted for the words "Subordinate Judge" vide H.P. Act No. 14 of 2003.
  5. 5.Substituted for the words "Subordinate Judge" vide H.P. Act No. 14 of 2003.
  6. 6.Substituted for the words "Subordinate Judge" vide H.P. Act No. 14 of 2003.

Questions on this section

2 questions in 2 of our papers cite Section 21. Try these from the free papers:

  1. 1. A Civil Judge in Himachal Pradesh, invested by the High Court with the required pecuniary jurisdiction, passes a decree in an original suit valued at seventy-five lakh rupees. No other enactment provides a different forum. Under Section 21 of the Himachal Pradesh Courts Act, 1976, as it stands after H.P. Act No. 19 of 2022, the appeal against the decree lies to: