Indian Succession Act,1925
Act No : 39
Section :
Investiture of inferior Courts with jurisdiction of District Court forpurposes of this Act.
388. Investiture of inferior Courts with jurisdiction of DistrictCourt for purposes of this Act.-(1) The State Government may bynotification in the Official Gazette, invest any Court inferior ingrade to a District Judge with power to exercise the functions of aDistrict Judge under this Part. (2) Any inferior Court so invested shall, within the local limitsof its jurisdiction, have concurrent jurisdiction with the DistrictJudge in the exercise of all the powers conferred by this Part uponthe District Judge, and the provisions of this Part relating to theDistrict Judge shall apply to such an inferior Court as if it were aDistrict Judge: Provided that an appeal from any such order of an inferior Courtas is mentioned in sub-section (1) of section 384 shall lie to theDistrict Judge, and not to the High Court, and that the District Judgemay, if he thinks fit, by his order on the appeal, make any suchdeclaration and direction as that sub-section authorises the HighCourt to make by its order on an appeal from an order of a DistrictJudge. (3) An order of a District Judge on an appeal from an order of aninferior Court under the last foregoing sub-section shall, subject tothe provisions as to reference to and revision by the High Court andas to review of judgment of the Code of Civil Procedure, 1908, (5 of1908.) as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under thisPart from an inferior Court, and may either himself dispose of them ortransfer them to another such Court established within the locallimits of the jurisdiction of the District Judge and having authorityto dispose of the proceedings.173 (5) A notification under sub-section (1) may specify any inferiorCourt specially or any class of such Courts in any local area. (6) Any Civil Court which for any of the purposes of anyenactment is subordinate to, or subject to the control of, a DistrictJudge shall, for the purposes of this section, be deemed to be a Courtinferior in grade to a District Judge.
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