Bengal, Agra and Assam Civil Courts Act,1887
Act No : 12
Section :
Judges not to try suits in which they are interested.
38.Judges not to try suits in which they are interested. (1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a party or in which he is personally interested. (2)The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by him self in another capacity. (3)When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference. ---------------------------------------------------------------------- 1 The provisions of this section, in so far as they are inconsistent with the provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), were rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of 1943. ---------------------------------------------------------------------- 81 (4)The superior Court shall thereupon dispose of the case under section 25 of the Code (14 of 1882 )of Civil Procedure.1 (5)Nothing in this section shall be deemed to affect the extra- ordinary original civil jurisdiction of the High Court.
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