The definition of “Court” as noticed hereinbefore means the Principal Civil Court of original jurisdiction in a district and includes the High Court which exercises the original civil jurisdiction. If a High Court does not exercise the original civil jurisdiction, it would not be a ‘court’ within the meaning of the said provision. Constitution of the Courts vis-a-vis the hierarchy thereof is governed by the 1857 Act, Section 3 whereof reads as under: “3. Classes of Courts—There shall be the following classes of Civil Courts under this Act, namely: (a) The Court of the District Judge; (b) The Court of the Additional Judge; (c) The Court of the Subordinate Judge; and (d) The Court of the Munsif. [Para 17]
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