THE KARNATAKA CIVIL COURTS ACT, 1964 — Physical PDF page 5 of 29

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Pages 2–9 contain statement/amending-act context; main consolidated heading begins page 10.
Schedule starts page 26, with notifications continuing 26–28 and appended Karnataka Act 30 of 2015 on page 29. Never truncate at main section tail.
Page 29 source abridges incorporated amendments; not a complete independent transcription of every provision of that amending Act.
Catalog enforcement date 9 April 1964 differs from printed commencement footnote 1 July 1964. Retain discrepancy and source labels; do not resolve legal effect.
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                                       5

    Opportunity is taken to incorporate certain other consequential
amendments.—
    (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated
8th November 1976 as No. 4421 at page. 7–8.)
                                         IV
         Act 8 of 1978.—Section 23 of the Karnataka Civil Courts Act, 1964
empowers the High Court to invest a Civil Judge with all or any powers of
the District Judge under several enactments. One of these is the Indian
Succession Act, 1925 (Central Act 39 of 1925). As it was felt that the power
to issue succession certificates and probates or letters of Administration
should be given to the Munsiffs also in addition to the Civil Judges, in the
interest of the litigant public residing in the moffusil areas, new section 23-A
was inserted by the section 5 or the Karnataka Civil Courts (Amendment)
Act, 1976 and as a corollary section 23 (1) (iv) of the Civil Courts Act and
                                                      e
section 265 and 388 of the Indian Succession Act were repealed.
                                                 od
         The Karnataka Civil Courts (Amendment) Act, 1976 which has been
assented to by the Governor has not yet come into force. The High Court is
                                           aC
of the view that as the amendment Act has amended the Indian Succession
Act, it requires the assent of the President and as the same has not been
obtained the said Act is void.
                                       di
                                   In
         State Government is of the opinion that Presidents’ assent to the
amendments is not necessary as what has been amended by sections 4
and 5 of the amendment Act is the Civil Courts Act and not the Succession
Act and omission of the provisions of the Succession Act by section 10 of
the Amendment Act is only a consequential amendment.
         However, in view of High Court’s opinion and the harassment that
may result to the litigant public should the said provisions be struck down, it
is proposed to omit the said three sections 4, 5 and 10, and to bring the rest
of the provisions into force at once.
         Since the Legislative Assembly was not in session an Ordinance
was promulgated. This Bill seeks to replace the said Ordinance.
    (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated
20th March 1978 as No. 276 at page. 3.)
                                          V
    Act 28 of 1978.—The Karnataka Civil Courts Act at present permits the
High Court to invest only Civil Judges with the powers of District Judges
under the Indian Succession Act. The amendments proposed by the Bill
seek to empower the High Court to invest Munsiffs too with the said powers.
A provision has also been made for appeal to the Civil Judge against the
order passed by the Munsiff and to the District Court where the order is