MADHYA PRADESH ACT
No. 19 of 1958
THE MADHYA PRADESH CIVIL COURTS ACT, 1958
TABLE OF CONTENTS
Sections
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definition.
CHAPTER II
Constitution of Civil Courts
3. Classes of Civil Courts.
4. Civil Districts.
5. Establishment of Civil Courts.
6. Original Jurisdiction of Civil Courts.
7. Principal Civil Court of original Jurisdiction.
8. Appointment of additional Judges.
9. Power to invest certain Civil Courts with Small Cause Court jurisdiction.
10. Exercise of jurisdiction of District Court by Civil Judges in certain proceedings.
11. Jurisdiction under the Indian Divorce Act.
12. Place of sitting of Civil Courts.
CHAPTER III
Appellate Jurisdiction
13. Appellate Jurisdiction.
CHAPTER IV
Administrative Control
14. Superintendence and control over Civil Courts and the Judges in the district.
15. Power to distribute business.
16. Judges not to try cases in which they are personally interested.
CHAPTER V
Miscellaneous Provisions
17. … … …
18. Temporary vacancy in the office of the District Judge.
19. Delegation of powers of District Judge.
20. Continuance of powers of officers.
21. Vacations.
22. Sea.
23. Power to make rules.
24. Repeals and savings.
25. Transitional provisions.
26. Construction of references.
27. Pending suits and proceedings.
27-A. Removal of difficulty.
28. Amendment of laws relating to Courts of Small Causes
SCHEDULE
MADHYA PRADESH ACT
(No. 19 of 1958) (For Statement of Objects and Reasons (in English) see “Madhya Pradesh Gazette,” dated 21st March 1958, pages 74-75 and (in Hindi) 83. For proceedings in Assembly see Madhya Pradesh Vidhan Sabha Proceedings, 1958, Volume III, pages 2362 to 2380, 2917 and 3283 to 3308.
THE MADHYA PRADESH CIVIL COURTS ACT, 1958
(Received the assent of the President on the 17th July, 1958; assent first published in the “Madhya Pradesh Gazette” on the 1st August, 1958)
An Act to consolidate and amend the law relating to Civil Courts in Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Ninth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
Short title, extent and commencement.
1. (1) This Act may be called the Madhya Pradesh Civil Courts Act, 1958.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date (1st January 1959, see Law Department Notification No.40814-7375-XXI-B dated the 22nd December 1958, published in “the Madhya Pradesh Gazette,” dated the 26th December 1958.) as the State Government may, by notification, in the Official Gazette, specify in this behalf.
Definitions.
[2. In this Act, unless the context otherwise requires—
(a) “cadre of Higher Judicial Service” means the cadre of District Judges and shall include the District Judge, Additional Judge to the Court of District Judge and Additional District Judge;
(b) “cadre of Lower Judicial Service” means the cadre of Civil Judges consisting of Civil Judge Class I and Civil Judge Class II;
(c) “supernumerary cadre of Additional District Judges” means a cadre of Additional District Judges who have not been absorbed in the cadre of Higher Judicial Service;
(d) “value” with reference to a suit or original proceedings means the amount or value of the subject matter of such suit or original proceedings.] (Subs. by M.P. Act 17 of 1982, S.3.)
CHAPTER II
Constitution of Civil Courts
Classes of Civil Courts.
3.[1] (Re-numbered by M.P. Act 17 of 1982, S.4.) In addition to the Courts established under any other law for the time being in force, there shall be the following classes of Courts, namely:—
(1) the Court of the District Judge;
(2) the Court of the Additional District Judge;
(3) the Court of the [Civil Judge Class 1;] (Subs. by S.2., ibid, for “Civil Judge (Class I)”) and
(4) the Court of the [Civil Judge Class II.] (Subs. by S.2, ibid, for “Civil Judge (Class II)”)
[(2) A Presiding Officer of the Court of District Judge, Additional Judge to the Court of District Judge or Additional District Judge shall be from the cadre of Higher Judicial Service:
Provided that a Judge from the supernumerary cadre of Additional District Judge may also be appointed for the time being, to a court of Additional District Judge.
(3) An Additional Judge to the court of Civil Judge may be appointed from the cadre of Lower Judicial Service.
(4) The court of District Judge shall include the court of Additional Judge to the Court of District Judge and the Court of Civil Judge Class I or Class II shall include the court of Additional Civil Judge to that court.] (Ins. by S.4, ibid.)
Civil Districts.
[4. (1) For the purposes of this Act, a revenue district notified by the State Government shall also be the civil district:
Provided that the State Government may, on the recommendation of the High Court, alter the limits or number of such civil districts or create new civil districts.
(2) Upon the alteration of the limits or the number of civil districts or creation of new civil districts under sub-section (1), the High Court shall make such consequential orders as it may deem fit in respect of the transfer of suits, appeals and proceedings from the courts of existing districts to other courts acquiring territorial jurisdiction as a result of such alteration or creation, as also for any other matter ancillary thereto.] (Subs. by S.5, ibid.)
Establishment of Civil Courts.
5. The State Government shall establish—
(a) the Court of the District Judge for each Civil District; and
(b) so many Court of Additional District Judge, [Civil Judges Class I] (Subs. by S.2, ibid, for “Civil Judge (Class I)”.) and [Civil Judge Class II] (Subs. by S.2, ibid, for “Civil Judge (Class II)”.) for each civil district, as it may think fit.
Original jurisdiction of Civil Courts.
6. (1) Subject to the provisions of any law for the time being in force,—
(Subs. by M.P. Act 5 of 1979, S.2(1)) [(a) the Court of the [Civil Judge Class II] (Subs. by S.2, ibid, for “Civil Judge (Class II)”.) shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs.10,000;
(b) the Court of the [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) shall have jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs.20000;]
(c) the Court of the District Judge and the Court of the Additional District Judge shall have jurisdiction to hear and determine any suit or original proceeding without restriction as regards value.
(2) The local limits of the jurisdiction of the Courts specified in clauses (a) and (b) of sub-section (1) shall be such as the State Government may, by notification, define.
[(3) Nothing in clauses (a), (b) and (c) of sub-section (1) shall affect any suit or original proceedings instituted before 26th January, 1979.] (Subs. by M.P. Act 5 of 1979, S.2(2).)
Principal Civil Court of original jurisdiction.
7. (1) The Court of the District Judge shall be the Principal Civil Court of original jurisdiction in the civil district.
[(2) An Additional Judge to the Court of a District Judge, an Additional District Judge and an Additional Judge to the Court of an Additional District Judge shall discharge any of the functions of a District Judge, including the functions of Principal Civil Court of original jurisdiction which the District Judge may, by general or special order, assign to him and in the discharge of such functions he shall exercise the same powers as the District Judge.] (Subs. by M.P. Act 5 of 1979, S.2(2))
Appointment of additional judges.
(Subs. by S.3, ibid.) [8. (1) An Additional Judge or Judges to the Court of District Judge, Additional District Judge, [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2 for ‘Civil Judges (Class I)’.) or [Civil Judge Class II] (Subs. by S.2, ibid for ‘Civil Judge (Class II)’.) may, whenever it appears necessary or expedient, be appointed to the Court of District Judge or Additional District Judge or [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2 for ‘Civil Judges (Class I)’.) or [Civil Judge Class II] (Subs. by S.2, ibid for ‘Civil Judge (Class II)’.), as the case may be, and such Additional Judge shall exercise the jurisdiction of the Court to which he is appointed and the powers of the Judge thereof, subject to any general or special orders of the authority by which he is appointed as to the Class or Value of the suit which he may try, hear or determine.
(2) An officer may be appointed an Additional Judge of one or more Courts and an Officer who is a Judge of one court may be appointed an Additional Judge of another Court or of other Courts.]
Power to invest Certain Civil Courts with Small Cause Court Jurisdiction.
9. [(1) The High court may, by a notification, invest any civil court with the powers of a court of Small Causes under the law for the time being in force in any area relating to the Court of Small Causes. Such power shall be exercisable in cases arising within the limits of the Court’s jurisdiction or in any specified area within such limits.] (Subs. by M.P. Act 17 of 1982, S.6.)
(2) The value of suits of small cause nature shall not exceed one thousand rupees in the case of the Court of a District Judge or an Additional District Judge, five hundred rupees in the case of the Court of a [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) and two hundred rupees in the case of the Court of a [Civil Judge Class II] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class II)’.)
Exercise of Jurisdiction of District Court by Civil Judges in certain proceedings.
10. The Hindu Court may, by general or special order, authorise any [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) to take cognizance of and any District Judge to transfer to a [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) under his control, any proceeding or any class of proceedings, specified in such order, arising under—
(a) Parts I to VIII of the Indian Succession Act, 1925 (No. XXXIX or 1925); or
(b) Part IX of the Indian Succession Act, 1925 (No. XXXIX of 1925) which cannot be disposed of by District Delegates; or
(c) The Guardians and Wards Act, 1890 (No. VIII of 1890); or
(d) The Provincial Insolvency Act, 1920 (No. V of 1920).
(2) Notwithstanding anything contained in section 388 of the Indian Succession Act, 1925 (No. XXXIX of 1925), the High Court may, by general or special order, invest any Judge inferior in grade to the District Judge with power to exercise the functions of a District Judge under Part X of that Act.
(3) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) under his control, and may either dispose it of himself or transfer it to any other competent Court.
(4) Proceedings taken cognizance of by, or transferred to, a [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for ‘Civil Judge (Class I)’.) this section shall be disposed of by him, in accordance with the law and rules applicable to like proceedings in the Court of the District Judge.
Jurisdiction under the Indian Divorce Acts.
11. The Court of the District Judge and the Court of the Additional District Judge shall have jurisdiction to hear and determine any original proceeding under the Indian Divorce Act, 1869 (No. IV of 1869) and shall be deemed to be the District Court under that Act for the Civil District.
Place of sitting of Civil Courts.
12. [(1)] (Renumbered by S.7, ibid.) Every Court shall be held at such place or places as the High Court may, by notification, direct or, in the absence of any such direction, at any place within the local limits of the jurisdiction of the Court.
[(2) Every Additional Judge to a court established under this Act shall sit at such place or places within the local limits of the jurisdiction of the court to which he is an Additional Judge, as the High Court may direct.
(3) The District Judge and other Judges of the district, may with the previous sanction of the High Court and after due notice to the parties, sit temporarily for taking up particular case or class of cases at any other place within the district.] (Ins. ibid.)
CHAPTER III
Appellate Jurisdiction
Appellate Jurisdiction.
13. (1) Save as otherwise provided by any law for the time being in force, appeals from decrees or orders of Courts exercising original Jurisdiction shall lie as follows:—
(a) from a decree or order of the Court of the [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2 or “Civil Judge (Class I)”.) or of the [Civil Judge Class II] (Subs. by S.2, ibid, for “Civil Judge (Class II)”.) to the Court of the District Judge;
(b) from a decree or order of the Court of the District Judge or Additional District Judge to the High Court.
[Explanation.—The court of the Civil Judge or the court of the District Judge shall include an Additional Judge to that court.] (Ins. by S.8, ibid.)
[(2) Notwithstanding the fact that a suit or proceeding was instituted or commenced prior to 26th January, 1979 and appeal against any decree or order passed in such suit or proceeding shall lie as provided in sub-section (1).
(3) Nothings in this section shall apply to any appeal instituted before 26th January, 1979] (Ins. by M.P. Act 5 of 1979, S.3.)
CHAPTER IV
ADMINISTRATIVE CONTROL
Superintendence and control over Civil Courts and the Judges in the district.
[14. Subject to the general superintendence and control of the High Court, the District Judge shall superintend and control all other civil courts established including all Additional Judges appointed to such courts under this Act in the local area within his jurisdiction, and in the discharge of such functions it shall be his duty to-
(a) inspect or cause to be inspected the proceedings of the courts, judges and offices under his control;
(b) give such administrative directions with respect to any matters as he may think fit; and
(c) call for such reports and returns from the subordinate courts and Judges in the district as may be prescribed by the High Court or as he may require for administrative purposes.] (Subs. by M.P. Act 17 of 1982, S.9.)
Power to distribute business.
[15. (1) (Subs. by M.P. Act 5 of 1979, S.4.) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), or the law relating to Courts of Small Causes, for the time being in force in any area, or in any other provisions contained in this Act, the District Judge may, by order in writing, direct that any civil business cognizable by his court or by other civil courts established under section 5, in his civil district, shall be distributed amongst himself and Additional Judges, if any, of his court, as also amongst other courts under his control and amongst Additional Judges of such other court’s interse’ in such manner as he deems fit:
Provided that, except in so far as it may affect the exclusive jurisdiction of a Court of Small Causes, or of a court invested with the jurisdiction of a Court of Small Causes, a direction given under this section shall not empower any court to exercise powers or deal with business beyond the limits of its pecuniary and notified territorial jurisdiction.] (Subs. by M.P. Act 17 of 1982, S.10.)
(2) Any judicial act in any suit, appeal or proceeding, instituted in a Court of competent jurisdiction, shall not be invalid only by reason of the fact that such institution was not in accordance with the order of distribution of business referred to in sub-section (1).
(3) Whenever it appears to any Court, as is referred to in sub-section (2) that institution of any suit, appeal or proceeding, pending before it, was not in conformity with the order of distribution of business made under sub-section (1), it shall submit the record of such suit, appeal or proceeding, as the case may be, to the District Judge for appropriate orders, and the District Judge in relation thereto may pass orders either transferring the concerned record to proper court as per order of distribution of business or otherwise to any other Court of competent jurisdiction.
(4) In distribution of civil business under sub-section (1), the District Judge shall be guided by such principles as the High Court may, by rules, prescribe.]
Judges not to try cases in which they are personally interested.
16. (1) No Judge of a Court under this Act shall hear or determine any suit, appeal or other proceeding to which he is a party or in which he is directly or indirectly interested.
[(2) If any such suit, appeal or other proceeding comes before any civil court in the district or before an Additional Judge to such court, the Judge shall refer the case alongwith the record thereof and his report regarding the attending circumstances to the District Judge, who may either dispose of such case himself or subject to the limits of pecuniary jurisdiction, make it over or transfer it to another court or Additional judge to any of the courts in the district, as the case may be, for disposal.
(3) If any such suit, appeal or other proceeding comes before the District Judge himself, he may either make over such case to any Additional Judge of his court, or transmit the record alongwith his comments on the attending circumstances to the High Court for appropriate orders.] (Subs. by S.11, ibid.)
CHAPTER V
MISCELLANEOUS PROVISIONS
[17. .. .. ..] (Omitted by M.P. Act 5 of 1979, S.5.)
Temporary vacancy in the office of the District Judge.
[18. In the event of death of a District Judge or his absence from civil district on leave or in the vent of his being prevented from performing his duties by illness or other cause, senior most judge, according to cadre seniority as per hierarchy of the cadres, shall assume charge of the District Court, without interruption to his ordinary duties; and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, petitions, execution of processes, return of writs and the like; and shall further have power and jurisdiction to dispose of emergent interlocutory matters of such nature, as the High Court may by rules prescribe and the Judge so incharge shall continue in such charge until the office of the District Judge has been resumed or assumed by an officer duly appointed thereto.
Delegation of powers of District Judge.
19. Any District Judge leaving the headquarters and proceeding on duty to any place within his District, may delegate to the senior most Additional Judge of his Court at the headquarter or where there is no Additional Judge, to a Civil Judge at the headquarters, the powers of performing such duties as may be emergent and of disposing of any emergent matters as may be specified under section 18 and such Judge shall be deemed to be a Judge in charge of the court of the District Judge.] (Subs. by M.P. Act 17 of 1982, S.12.)
Continuance of powers of officers.
20. Where any person holding an office in the service of the State Government who has been invested with any powers under this Act throughout any local area is transferred or posted to any equal or higher office of the same nature within a like local area, he shall unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.
Vacations.
21. (1) Subject to the approval of the State Government the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Court subordinate thereto.
(2) The list shall be published in the Official Gazette.
(3) A judicial act done by a court on a day specified in a list published under sub-section (2) shall not be invalid by reason only of its having been done on that day.
[(4) The District Judge may make such arrangements, as he may deem fit, for disposal of urgent civil matters during such vacation.] (Subs. by S.13, ibid.)
Seal.
22. Every Civil Court shall use a seal of such form and dimensions as the State Government may prescribe on all processes and orders issued, and on all decrees passed, by it.
Power to make rules.
[23. (1) The High Court may, from time to time, make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore going power, such rules may provide for all or any of the following matters:—
(a) supervision and inspection of all courts subordinate to it;
(b) fees to be charged for processes issued by civil courts, or by any officer of any such court and the fee payable in any suit or proceeding in any such court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceedings;
(c) the manner in which proceedings of Civil Courts shall be kept and recorded, the manner in which paper books for the hearing of appeals may be prepared and the grant of copies;
(d) matters relating to officers of courts;
(e) persons who shall be permitted to act as petition writers in the courts subordinate thereto, grant of licences to such persons, conduct of business by them and he scale of fees to be charged by them, the authority by which breaches of rules shall be investigated and the penalties which may be imposed on them;
(f) prescribing the principles for guidance of a District Judge for distribution of civil business amongst courts in his civil district;
(g) emergent matters which a Judge incharge of District Court under section 18 shall have a power and jurisdiction to dispose of.] (Subs. by M.P. Act 17 of 1982, S.14.)
Repeal and Savings.
24. The Central Provinces and Berar Courts Act, 1917 (No.1 of 1917), the Madhya Bharat Civil Courts Act, Samvat, 2009 (No. 43 of 1949), the Bhopal and vindhya Pradesh (Courts) Act, 1950 (No. XLI of 1950) and the Rajasthan Civil Courts Ordinance, 1950 (No. VII of 1950), in so far as it is applicable to Sironji region, are hereby repealed:
Provided that the repeal of the enactments aforesaid shall not affect—
(a) the previous operation thereof; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(c) any investigation, legal proceeding or remedy in respect of any such punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
provided further that all appointments, rules and orders made, jurisdiction and powers conferred under any of the repealed enactments or purporting expressly or impliedly to have been so made or conferred, shall be deemed to have been respectively made and conferred under the corresponding provisions of this Act.
Transitional provisions
25. As from the date of the commencement of this Act,—
(1) all existing Courts of District Judges and Additional District Judges shall respectively be deemed to be the Courts of District Judges and Additional District Judges established under this Act;
(2) all existing Courts of Munsiffs in the Vindhya Pradesh, Bhopal and Sironj regions and of Civil Judges of the Second Class in the Mahya Bharat region shall be deemed to be the Courts of [Civil Judges Class II] (Subs. by S.2, ibid.) established under this Act;
(3) all existing Courts of Civil Judges of the First Class in the Madhya Bharat and Sironj regions and of Subordinate Judges in the Bhopal region shall be deemed to be the Courts of [Civil Judges Class I] (Subs. by S.2, ibid, for “Civil Judge (Class I)”.) established under this Act;
(4) the existing Courts of Civil Judges in the Mahakoshal region shall be deemed to be the Court of [Civil Judge Class II] (Subs. by S.2, ibid.) established under this Act except such of these Courts as may be specified by the State Government by a notification to be the Courts of [Civil Judge Class I.] (Subs. by S.2, ibid, for “Civil Judge (Class I)”.)
Explanation.—In this section “existing Court” means a Court established under any of the enactments repealed by section 24 and functioning immediately before the commencement of this Act.
Construction of reference.
26. In every enactment passed before the commencement of this Act—
(i) any reference to a “Subordinate Judge” shall be deemed to be a reference to the Court of the [Civil Judge Class I] (Subs. by M.P. Act 17 of 1982, S.2, for “Civil Judges (Class II)”.) and any reference to a Munsif shall be deemed to be a reference to the Court of the [Civil Judge Class II] (Subs. by S.2, ibid, for “Civil Judge (Class II)”.) established or deemed to be established under this Act; and
(ii) any reference to a Civil Judge where no class is specified shall in relation to the Mahakoshal region be deemed to be a reference to the Court of [Civil Judge Class II] (Subs. by S.2, ibid, for “Civil Judge (Class II)”.) established or deemed to be established under this Act.
Pending suits and proceedings.
27. Every suit or other proceedings pending before any of the existing Courts immediately before the commencement of this Act shall on such commencements stand transferred to the Court having jurisdiction under the provisions of this Act and if there are more than one Court having such jurisdiction, to the Court which the District Judge may specify in that behalf in accordance with the provisions of this Ac, and the Court to which the proceeding so stand transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court.
Removal of difficulty.
[27-A. If any difficulty arises in giving effect to the provisions of the Madhya Pradesh Civil Courts (Amendment) Act, 1982, the High Court may, from time to time, issue such orders and directions not inconsistent with the provisions of the aforesaid Amendment Act, or transfer such cases from one court to the other as it may deem fit.] (Ins. by S.15, ibid.)
Amendment of laws relating to Courts of Small Causes.
28. The Acts and Ordinance specified in column (1) of the Schedule shall be amended in the manner and to the extent specified in column (2) thereof.
SCHEDULE
(See section 28)
Name of Act or Ordinance
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Amendment
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1
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2
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Provincial Small Cause Court Act, 1887 (IX of 1887).
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In sub-section (3) of section 15, for the words “State Government”, the words “High Court” shall be substituted.
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The Madhya Bharat Small Cause Court Act, Samvat, 2006 (46 of 1949).
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After sub-section (2) of section 12, the following sub-section shall be added, namely:-
“(3) Subject to as aforesaid, the High Court may, by order in writing, direct that all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small Causes mentioned in the order.”
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The Rajasthan Small Cause Courts Ordinance, 1950 (VII of 1950).
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In sub-section (3) of section 13, for the words “Government”, the word “High Court” shall be substituted.
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