123. Exercise by Subordinate Judge or Munsif of jurisdiction of district Court in certain proceedings.--(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order.
(2) The proceedings referred to in sub-section (1) are the following, namely:--
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons dying intestate);
2* * * * *
3* * * * *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865),4 and the Probate and Administration Act, 1881 (5 of 1881)4 which cannot be disposed of by District Delegates; and
(e) references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882)5.
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
STATE AMENDMENT
Assam
Amendment of section 23.-- In sub-section (2) of section 23 of the said Act, --
1) in clause (d) for the words and figures "the Indian Succession Act, 1865, and the Probate and Administration Act, 1881", the words and figures "the Indian Succession Act, 1925", shall be substituted; and
(2) in clause (e), for the word and figures "section 322C", the words "paragraph 5 of the Third Scheduled" shall be substituted and after the words "Code of Civil Procedure" the figure "1908" shall be added.
[Vide Assam Act 6 of 1935, s. 6]
Bihar
Amendment of Section 23 of Act XII of 1887.-- In sub-section (2) Section 23 of the said Act,--
(i) in clause (d), for the words and figures "the Indian Succession Act, 1865, and the probate and Administration Act, 1881". The words and figures "the Indian Succession Act, 1925" shall be substituted ; and
(ii) clause (e) shall be omitted.
[Vide Bihar Act 12 of 1960, s. 5]
(2) The proceedings referred to in sub-section (1) are the following, namely:--
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons dying intestate);
2* * * * *
3* * * * *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865),4 and the Probate and Administration Act, 1881 (5 of 1881)4 which cannot be disposed of by District Delegates; and
(e) references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882)5.
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
STATE AMENDMENT
Assam
Amendment of section 23.-- In sub-section (2) of section 23 of the said Act, --
1) in clause (d) for the words and figures "the Indian Succession Act, 1865, and the Probate and Administration Act, 1881", the words and figures "the Indian Succession Act, 1925", shall be substituted; and
(2) in clause (e), for the word and figures "section 322C", the words "paragraph 5 of the Third Scheduled" shall be substituted and after the words "Code of Civil Procedure" the figure "1908" shall be added.
[Vide Assam Act 6 of 1935, s. 6]
Bihar
Amendment of Section 23 of Act XII of 1887.-- In sub-section (2) Section 23 of the said Act,--
(i) in clause (d), for the words and figures "the Indian Succession Act, 1865, and the probate and Administration Act, 1881". The words and figures "the Indian Succession Act, 1925" shall be substituted ; and
(ii) clause (e) shall be omitted.
[Vide Bihar Act 12 of 1960, s. 5]
Source footnotes
1. S. 23 does not apply to Honorary Munsifs and Benches in the U. P.: See the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.2. Clause (b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 rep. by Act 8 of 1890, s. 2 and Sch.
3. Clause (c) relating to applications for certificates under Act 27 of 1860 was rep. by Act 7 of 1889.
4. See now the Indian Succession Act, 1925 (39 of 1925). In Bengal and Assam, this cl. has been formally amended by Ben. Act 19 of 1935 and Assani Act 6 of 1935, respectively.
5. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of 1935 and formally amended in Assam by Assam Act 6 of 1935.
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More sections of this act
Section 1 · Title, extent and commencement.Section 2 · Repeal.Section 3 · Classes of Courts.Section 4 · Number of District Judges, Subordinate Judges and Munsifs.Section 5 · [Repealed.] .Section 6 · Vacancies among District or Subordinate Judges.Section 7 · [Repealed.] .Section 8 · Additional Judges.India Code, Government of India. Text fetched 16 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.