(1) The presiding officer of a Civil Court shall not try any spit 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 himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or subsection (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.
(4) The superior Court shall thereupon dispose of the case under section 25 of the Code of Civil Procedure (14 of 1882)1.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.
STATE AMENDMENT
Assam
Amendment of section 38.-- In sub-section (4) of section 38 of the said Act, for the words and figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of Civil Procedure, 1908" shall be substituted.
[Vide Assam Act 6 of 1935, s. 8]
Bihar
Amendment of Section 38 of Act XII of 1887. -- In sub-section (4) of Section 38 of the said Act, for the words and figures "Section 25 of the Code of Civil Procedure", the words and figures "Section 24 of the Code of Civil Procedure, 1908" shall be substituted.
[ Bihar Act 12 of 1960, s. 7]
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or subsection (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.
(4) The superior Court shall thereupon dispose of the case under section 25 of the Code of Civil Procedure (14 of 1882)1.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.
STATE AMENDMENT
Assam
Amendment of section 38.-- In sub-section (4) of section 38 of the said Act, for the words and figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of Civil Procedure, 1908" shall be substituted.
[Vide Assam Act 6 of 1935, s. 8]
Bihar
Amendment of Section 38 of Act XII of 1887. -- In sub-section (4) of Section 38 of the said Act, for the words and figures "Section 25 of the Code of Civil Procedure", the words and figures "Section 24 of the Code of Civil Procedure, 1908" shall be substituted.
[ Bihar Act 12 of 1960, s. 7]
Source footnotes
1. See now s. 24 of the Code of Civil Procedure, 1908 (Act 5 of 1908). In Bengal and Assam, that reference has been formally subs. by Ben. Act 19 of 1935 and Assam Act 6 of 1935 respectively.आगे पढ़ें / Continue reading
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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.