(1) This Act may be called Bengal, Agra and Assam Civil Courts Act, 1887.1
(2) It extends to the territories (which were on the 11th March, 1887)2 respectively administered by the Lieutenant-Governor of Bengal, Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Court.
[***]3
(3) It shall come into force on the first day of July, 1887.
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1. Substituted for the words "North-Western Provinces" by the Bengal, Agra and Assam Civil Courts (Amendment) Act, 1911, S.2 post.
2. Substituted by the A.O. 1937 for the words "for the time being."
3. The words "and except the Jhansi Division" in S. 1(2), which were repealed by United Province Act, 1890 (XX of 1890) are omitted.
(1) Repeal of Acts 6 of 1871 and 19 of 1877 Repealed by the Amending Act, 1891 (12 of 1891).
(2) [***]1 All courts constituted, appointments, nominations, rules and orders made, jurisdiction and powers conferred, and lists published under the Bengal Civil Courts Acts, 1871 (VI of 1871)2 or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published shall be deemed to have been respectively constituted, made, conferred and published under this Act.
(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871 (VI of 1871)2 or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.
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1. The word "But" omitted by the Amending Act, 1891.
2. Bengal Act VI of 1871 was repealed by S. 2(1) of the present Act.
There shall be the following classes of Civil Courts under this Act namely:
(1) the Court of the District Judge;
(2) the Court of the Additional Judge;
(3) the Court of the [Civil Judge (Senior Division)]3
(4) the Court of the [Civil Judge (Junior Division)]3
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3. Substituted for the words "Assistant District Judge" and "Munsiff" by the Assam Act No. XV of 1997, S.2 (w.e.f. 5.5.1997), which was earlier substituted for the word "Subordinate Judge" by the Assam Act No. XII of 1967.
The [State Government]4 may alter the number of District Judges, ["Civil Judges (Senior Division)"]1 and ["Civil Judges (Junior Division)"]1 now fixed.
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4. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
1. Substituted for the words "Assistant District Judge" and "Munsif" by the Assam Act No. XV of 1997, S.2 (w.e.f. 5.5.1997), which was earlier substituted for the word "Subordinate Judge" by the Assam Act No. XII of 1967.
(1) Repealed by the Decentralization Act, 1914 (4 of 1914).
(1) Whenever the office of District Judge or [Civil Judge (Senior Division)]1 is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever [an increase in the number of District or [Civil Judge (Senior Division)1 judges has been made under the provisions of Section 4]2 the [State Government]3 or as the case may be, the High Court may fill up the vacancy or appoint the Additional District Judge or [Civil Judge (Senior Division)1 [**********]4
(2) Nothing in this section shall be construed to prevent a [State Government]3 from appointing a District Judge or [Civil Judge (Senior Division)]1 discharge for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or [Civil Judge (Senior Division)]1 all or any of the functions of another District Judge or [Civil Judge (Senior Division)]1 as the case may be.
----------------------------
1. Substituted for the words "Assistant District Judge" and "Munsif" by the Assam Act No. XV of 1997, S.2 (w.e.f. 5.5.1997), which was earlier substituted for the word "Subordinate Judge" by the Assam Act No. XII of 1967.
2. Substituted for the words "the Governor-General in council has sanctioned an increase of the number of District Judges or Subordinate Judges" in sub-section (1) of Section 6 by the Devolution Act, 1920 (XXXVIII of 1920).
3. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
4. Omitted the words "as the case may be" in sub-section (1) of Section 6 by the A.O. 1937.
(1) When the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the [State Government]3 may, [having consulted]1 with the High Court [***]2 appointed such Additional Judges as may be requisite.
(2) Additional Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and in the discharge of those functions they shall exercise the same power as the District Judge.
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3. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
1. Substituted for the words "upon the recommendation of" by the A.O. 1937.
2. Repealed the words "and with previous sanction of the Governor-General in council" in sub-section (1) of Section 8, by the Bengal, Agra and Assam (Amendment) Act, 1911 (XVI of 1911) S.3.
Subject to the Superintendent of the High Court the District Judge shall have administrative control over all the Civil Court, under this Act within the local limits of his jurisdiction.
(1) In the event of the death, resignation or the removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the [Civil Judge (Senior Division)] present threat, shall, without relinquishing his ordinary duties, assume charge of the duties of the District Judge and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(2) While in charge of the office of District Judge, the Additional Judge or Subordinate Judge, as the case may be, may subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.
(1) In the event of the death, resignation or removal of a [Civil Judge (Senior Division)]1 or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge may, transfer all or any of the proceedings pending in the Court [Civil Judge (Senior Division)]1 either to his own Court or to any Court under his administrative control competent to dispose of them.
(2) Proceedings transferred under sub-section (1) shall be disposed of as if they have been instituted in the Court to which they are so transferred.
(3) Provided that the District Judge may re-transfer to the Court of the [Civil Judge (Senior Division)]1 or his successors any proceedings transferred under sub-section (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the court of the Subordinate [Civil Judge (Senior Division)]1 on the occurrence of an event referred to in sub-section (1) and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
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1. Substituted for the words "Assistant District Judge" and "Munsiff" by the Assam Act No. XV of 1997. S.2 (w.e.f. 5.5.1997) which was earlier substituted for the word "Subordinate Judge" by the Assam Act No. XII of 1967.
[Repealed by the Adaptation of laws Order, 1937].
(1) The [State Government]2 may, by notification in the official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
(2) If the same local jurisdiction is assigned to two or More [Civil Judge (Senior Division)]1 or two [Civil Judge (Junior Division)]1 the District Judge may assign to each of them such civil business cognizable by the [Civil Judge (Senior Division)]1 or [Civil Judge (Junior Division)1 as the case may be, as subject to any general or special order of the High Court, as he thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under sub-section (2), to one or two or more [Civil Judge (Senior Division)]1 or to one or two more [Civil Judge (Junior Division)]1 a decree or order passed by the [Civil Judge (Senior Division)]1 or [Civil Judge (Junior Division)]1 shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the [State Government]2.
(4) A Judge of a Court of Small Causes appointed be also [Civil Judge (Senior Division)]1 or [Civil Judge (Junior Division)]1 as the case may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.
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1. Substituted for the words "Assistant District Judge" and "Munsiff" by the Assam Act No. XV of 1997. S.2 (w.e.f. 5.5.1997) which was earlier substituted for the word "Subordinate Judge" by the Assam Act No. XII of 1967.
2. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
(1) The [State Government]2 may, by notification in the Official Gazette, fix and alter the place or places which any Civil Court under this Act is to be held.
(2) All places at which any such courts are now held, shall be deemed to have been fixed under this section.
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2. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
(1) Subject to such orders as may be made [***]3 by the [State Government]2 [***]4 the High Court shall prepare a list of days to be observed in each year as closed holidays in the Civil Courts.
(2) The list shall be published in the [official Gazette]1
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.
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2. Substituted for the words "Provincial Government" by the A.O. 1950, which was earlier substituted by the A.O. 1937 for the "Local Government."
3. Omitted the words "by the Governor-General in Council in the case of the High Court at Calcutta and" by the A.O. 1937.
4. Omitted the words "in the cases" by A.O. 1937.
1. Substituted for the words "Local Official Gazette.
Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government]2 .
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2Substituted for the words "Provincial Government" by the A.O.1950, which was earlier substituted by the A.O.1937 for the "Local Government"
(1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court have not ceased to have jurisdiction, might have been, had the case therein may be had in the Court to which the business of the former Court has been transferred.
(2) Nothing in this section applies to cases from which provision is made in Sections 36, 37 and 114 of, and Rule I of Order XLVII to Schedule I to the Code of Civil Procedure, 1908(V of 1908)3], or in any other enactment for the time being in force.
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3Substituted for "Section 623 or 649 of the Code of Civil Procedure, 1908 (V of 1908)", by the Assam Act No. VI of 1935.]
Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or [Civil Judge (Senior Division)]1 extends, subject to the provisions of Section 15 of the Code of Civil Procedure, [1908]2 to all original suits for the time being cognizable by Civil Courts.
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1Substituted for the words "Assistant District Judge" by the Assam Act No.XV of 1997, S.2,(w.e.f.5-5-1997) which was earlier substituted for the words "Subordinate Judge" by the Assam Act No. XII of 1967, S.2
2 Inserted in Sec.18, the figure "1908", by the Assam Act. No.VI of 1935
(1) Save as aforesaid and subject to the provision of sub-section (2), the jurisdiction of a [Civil Judge Junior Division]3 extends to all like suits of which the value does not exceed [fifty thousand rupees].4
3[(2) The State Government may, on the recommendation of the High Court direct, by notification in the official Gazette with respect to any ["Civil Judge (Junior Division)"]3 named therein that his jurisdiction shall extend to all like suits of such value not exceeding [two lakhs rupees]1 as may be specified in the notification:
Provided that the State Government may, by notification in the official Gazette, delegate to the High Court its powers under this section.3]
AMENDMENT
Meghalaya - In sub-section (2) of Section 19 of the Principal Act, the words "Five thousand rupees" substituted by the words "ten thousand rupees".
[See the Bengal, Agra, Assam and Shillong Civil Courts (Meghalaya Amendment) Act, 1983 (Meghalaya Act No.10 of 1983), it shall come into force at once. Published in the Gazette of Meghalaya Extraordinary dated the 3rd October, 1983]
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1 Substituted for the words "twenty five thousand rupees" in sub-section(2) of Section 19 by the Assam Act No. XLIV of 2005 s.2(ii) (w.e.f. 23.12.2005], which was earlier substituted for the words "ten thousand rupees" by the Assam Act No.VII of 1993 s.2(2) (w.e.f. 12.5.1993] and which was substituted for the words "five thousand rupees" by the Assam Act No.1 of 1979 s.2
3Substituted for the words "Munsiff" by the Assam Act No.XV of 1997 S.2(w.e.f. 5.5.1997)
4Substituted for the words "Seven thousand rupees" by the Assam Act No. XLIV of 2005 s.2(i)(w.e.f. 23.12.2005), which was earlier substituted for the words "three thousand rupees" by the Assam Act No.VII of 1993 s.2(i) (w.e.f. 12.05.1993), and again which was substituted for the words "one thousand rupees" by the Assam Act. No. IX of 1965 s.2(i).
(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or an Additional Judge shall lie to the High Court.
(2) Any appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order has been made by the District Judge, an appeal would not lie to that Court.
(1) Save as aforesaid, an appeal from a decree or order of [Civil Judge(Senior Division)]2] shall lie—
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed [five lakh rupees]1; and
(b) to the High Court in arty other case.
(2) Save as aforesaid an appeal from a decree or order of a [Civil Judge (Junior Division)]3 shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High Court may, with the previous sanction of the [State Government]4, direct, by notification in the [Official Gazette]5, that appeals lying in the District Judge under sub-section (2) from all or any of the decree or orders of any [Civil Judge (Junior Division)]3 shall be preferred to the Court of such [Civil Judge(Senior Division)]6 as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
[Assam Amendment Act No.VII of 1993
Section 4(1) of the Act of 1992 - Retrospective operation - The provision of clause (a) of sub-section (1) of Section 21 of the principal Act, as amended by Section 3 of this Act, shall apply irrespective of the fact that suits, proceedings, decree or orders out of which the appeals referred to therein arise, were instituted or made prior to the commencement of this Act.
Section 4(2) of the Act of 1992 - Notwithstanding anything to the contrary contained in the Limitation Act, 1963 an appeal from a decree or order made before the commencement of this Act, which but for the provisions of this Act, would have been preferred before the High Court within ninety days from the date of such decree or order shall be preferred to the District Judge, within the said period.
Section 5 of the Act of 1992-Savings-Nothing in this Act shall be deemed to the affect any appeal instituted prior to the Commencement of this Act.]*
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*Published in the Assam Gazette Extraordinary No.57 dated 12.5.1993
[ASSAM AMENDMENT ACT NO. XXIV OF 1997]
Amendment of Section 5 of the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992-In the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992, in Section 5, for the words, "prior to the commencement of this Act", the words, "save and except the appeals instituted to High Court against the decree or order of an Assistant District Judge Under clause (b) of sub-section(1) of Section 21"]**
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**Published in the Assam Gazette Extraordinary No.566, dated 13/11/1997
[MEGHALAYA AMENDMENT ACT NO.10 OF 1983
In Section 21 of the principal Act, in sub-section (1), in clause (a), for the words "seven thousand rupees" the words "twenty thousand rupees" shall be substituted.
Section 4(1) of the Act of 1983 - Retrospective Operation - The provision of clause(a) sub-section (1) of Section 21 of the Principal Act as amended by Section 3 of this Act, shall apply irrespective of the fact that suits, proceedings decrees or orders out of which the appeals referred to therein arise were instituted or made prior to the commencement of this Act.
Section 4(2) of the Act of 1983 - Notwithstanding anything to the contrary with Limitation Act, 1963(36 of 1963), an appeal from a decree or order made before the commencement of this Act, which but for the provisions of this Act, would have been preferred before the High Court within ninety days from the date of such decree or order, shall be preferred to the District Judge within the said period.
Section 5 of the Act of 1983-Savings-Nothing in this Act shall be deemed to effect any appeal instituted prior to the commencement of this Act.]*
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*This Act may be called the Bengal, Agra, Assam and Shillong Civil Courts (Meghalaya Amendment) Act, 1983(Meghalaya Act No. 10 of 1983), published in the Gazette of Meghalaya Extra-ordinary, dated the 3rd October, 1983.]
1Substituted for the words "fifty thousand rupees" in clause (a) of sub-section(1) of Section 21 by the Assam Act No. XLIV of 2005 s.3(w.e.f. 23.12.2005), which was earlier substituted for the words "fifty thousand rupees" by the Assam Act No. VII of 1993 s.3(w.e.f. 12.5.1993) and which was substituted for the words "fifteen thousand rupees" by the Assam Act No.1 of 1979 s.3, and was substituted for the words "Seven thousand rupees" by the Assam Act No.XVII of 1974 s.2 (w.e.f. 6.5.1974) and was substituted for the words "five thousand rupees" by the Assam Act No. IX of 1965.
2 Substituted for the words "Assistant District Judge" by the Assam Act No.XV of 1997 s.2 (w.e.f. 5.5.1997), which was earlier substituted for the words "Subordinate Judge" by the Assam Act No.XII of 1967 s.2)
3Substituted for the words "Munsiff" by the Assam Act No.XV of 1997
4Substituted by the A.O. 1950 for "Provincial Government"
5Substituted by the A.O.1937 for "local official Gazette".
6Substituted for the words "Assistant District Judge" by the Assam Act No XV of 1997 s.2 (w.e.f. 5.5.1997), which was earlier substituted for the words "Sub-ordinate Judge" by the Assam Act No.XII of 1967.
[21A. Power to transfer pending appeals to District Judge - An appeal from a decree or order of an Assistant District Judge, where the value of the original suit in which or any proceeding arising out of which decree or order was made exceeds twenty thousand rupees but does not exceed fifty thousand rupees instituted in the High Court before the date of commencement of the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992 and pending in the High Court immediately before the said date, shall stand transferred to District Judge having jurisdiction who shall decide the appeal according to law or assign it to any Additional District Judge.]1
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1Inserted a new Section "21A" by the Assam Act No. XXIV of 1997, published in the Assam Gazette Extraordinary No.566, dated 13-11-1997.
(1) A District Judge may transfer to any [Civil Judge (Senior Division)]1 under his administrative control any appeals pending before him from the decree or orders of [Civil Judge (Junior Division)]1.
(2) The District Judge may withdraw any appeal so transferred and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rule applicable to like appeals when disposed of by the District Judge.
----------------------
1 Substituted for the words "Assistant-District Judge" and "Munsiff" by the Assam Act No. XV of 1997. S.2(w.e.f. 12.5.1997), which was earlier substituted for the words "Subordinate Judge" the words "Assistant District Judge" by the Assam Act No. XII of 1967.
(1) The High Court may, by general or special order, authorise any [Civil Judge(Senior Division)]1 or [Civil Judge(Junior Division)]1to take cognizance of, or any District Judge to transfer to a [Civil Judge(Senior Division)]1or [Civil Judge (Junior Division)]1 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, 17992 (to limit the interference of the Zila and City Courts of Diwani Adalat in the Execution of wills and Administrations to the estates of persons dying intestate).
[(b) ***].
[(c) ***].3
(d) Proceedings under the Indian Succession Act, 1925]4which cannot be disposed of by District Delegates; and
(e) Reference by Collectors under paragraph 5 of the Third Schedule]5 to the Code of Civil Procedure, [1908].6
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a [Civil Judge(Senior Division)]7 or [Civil Judge (Junior Division)]7 and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
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1 Substituted for the words "Assistant-District Judge" and "Munsiff" by the Assam Act No. XV of 1997. S.2(w.e.f. 12.5.1997), which was earlier substituted for the words "Subordinate Judge" the words "Assistant District Judge" by the Assam Act No. XII of 1967.
2 The Bengal Wills and Intestacy Regulation, 1799 ante
3 Clause (b) [which referred to proceedings under Act XL of 1858 (Minors), or Act IX of 1861 (Minors), and clause (c) [which referred to applications for certificate under Act XXVII of 1860 (Succession)] were repealed by the Guardians and Wards Act, 1890 (8 of 1890) and the Succession Certificate Act, 1889 (7 of 1889) respectively and are omitted.
4 Substituted by Assam Act VI of 1935 for "Indian Succession Act, 1865 and the Probate and Administration Act, 1881.".
5. "Substituted by Assam Act VI of 1935 "Section 322" for the word and figure.
6. Inserted bracket and figure "1908" by the Assam Act No. VI of 1935
7. Substituted for the words "Assistant District Judge" and "Munsif" by the Assam Act No. XV of 1997 s.2(w.e.f. 5.5.1997), which was earlier substituted for words "Subordinate Judge" by Assam Act No. VII of 1967 S.2.
(1) Proceedings taken cognizance of by, or transferred to, a [Civil Judge(Senior Division)]1 or [Civil Judge (Junior Division)]1, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge;
Provided that an appeal from an order of a [Civil Judge (Junior Division)]1 in any such proceedings shall lie to the District Judge.
(2) An appeal from the order of the District Judge on the appeal from the order of a [Civil Judge [Junior Division]1 under the section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.
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1Substituted for the words "Assistant District Judge" and "Munsif" by the Assam Act No.XV of 1997 s.2(w.e.f. 5.5.1997), which was earlier substituted for words "Subordinate Judge" by Assam Act No.VII of 1967 s.2
The [State Government]2 may, by notification in the official Gazette, confer, with such local limits as it thinks fit, upon any [Civil Judge (Senior(Division)]1or [Civil Judge(Junior Division)]1 the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of suits cognizable by such Courts up to such value not exceeding [seven hundred and fifty rupees]3 in the case of a [Civil Judge (Senior Division)]1 or [three hundred rupees]4 in the case of a [Civil Judge (Junior Division)1 as it thinks it, and may withdraw any jurisdiction so conferred;
[Provided that the [State Government]2 may by notification in the [official Gazette]5 delegate to the High Court its powers under this section].6
[Chapters V and VI ]
[Section 26 to 35, Repealed)7
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1Substituted for the words "Assistant District Judge" and "Munsif" by the Assam Act No.XV of 1997 s.2(w.e.f. 5.5.1997), which was earlier substituted for words "Subordinate Judge" by Assam Act No.VII of 1967 s.2
2Substituted by the A.O. 1950 for "Provincial Government"
3Substituted by Assam Act VI of 1935 for "five hundred rupees"
4Substituted by Assam Act VI of 1935, for "two hundred and fifty rupees" which was substituted by Act XVI of 1911 for "one hundred rupees"
5Substituted by the A.O. 1937 for "local official Gazette".
6Added by the Decentralisation Act, 1914 (IV of 1914)
7Sections 26 to 35 repealed by the A.O. 1937
(1) The [State Government]1 may invest with the powers of any Civil Court under this Act, by name of in virtue of office—
(a) any officer in the Chota Nagpur [(Sambalpur]2, Jalpaiguri or Darjeeling District, or in any part of the [State of Assam]3; or
(b) after consultation with the High Court, any officer serving in any other part of the territories to which this Act extends and belonging to a class defined in this behalf by the [State Government]4.[***]5
(2) Nothing in [Sections 4, 5, 6, 8, 10 or 11]6 applies to any officer so invested, but all the other provisions of this Act, shall so far as those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested.
(3) Where in the territories mentioned in Cl. (a) of sub-section (1), the same local jurisdiction is assigned to two or more officers invested with the powers of a [Civil Judge(Junior Division)]7 the officers invested with the powers of a District Judge may, with the previous sanction of the [State Government]8, delegate his functions under sub-section (2) of Section 13 to the officer invested with the powers of a [Civil Judge [Senior Division]9 or to one of the officers invested with the powers of a [Civil Judge [Junior Division]10.
(4) Where the place at which the Court of an officer invested with the powers under sub-section (1) is to be held has not been fixed under Section 14, the Court may be held at any place within the local limits of the jurisdiction.
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1 Substituted by the A.O. 1950 for "Provincial Government".
2 The word "Sambalpur" was inserted by the Sambalpur Civil Courts Act, 1906 (Bengal Act IV of 1906).
3 Substituted for the words "territories administered by the Chief Commissioner of Assam except the district of Sylhet" by the words "State of Assam" by the Assam Act No. IX of 1965 s.4. Published in the Assam Gazette Extraordinary, dated the 8th June, 1965.
4. Substituted by the A.O. 1950 for "Provincial Government", which was earlier substituted by teh A.O. 1937 for the words "Local Government"
5. Repealed the words "with the previous sanction of the Governor-General in Council" by the Devolution Act, 1920 (XXXVIII of 1920)
6 Substituted by the A.O., 1937 for "Sections 4 to 8 (both inclusive), or Sections 10 to 12 (both inclusive), or Sections 27 to 35 (both inclusive)"
7 Substituted for the word "Munsiff" in sub-section (3) of Section 36, by the Assam Act No. IV of 2005 s.2(w.e.f. 18.1.2005)
8. Substituted by the A.O. 1950 for "Provincial Government", which was earlier substituted by the A.O. 1937 for the words "Local Government."
9. Substituted for the words "Assistant-District Judge" by the Assam Act No. XV of 1997. S.2 (w.e.f. 5.5.1997), with was earlier.
10. Substituted for the words "Munsif" by Ibid s.2.
(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Mohammadan taw in cases where the parties are Mohammadans and the Hindu Law in cases where the parties are Hindus shall form the rule of decision except in so far as such law, by legislative enactment, been altered or abolished.
(2) In cases not provided or in sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and goods conscience.
(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 himself 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.
(4) The superior Court shall thereupon dispose of the case under Section 24 of the Code of Civil Procedure, 1908 [V of 1908]1
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court
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1. Substituted by the Assam Act No. IV of 1935 for "Section 25 of Code of the Criminal Procedure."
For the purpose of the last foregoing section, the presiding officer of a court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge and for the purpose of the Code of Civil Procedure, 1908 (V of 1908)2 the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.
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1. Inserted bracket and Figure "1908 (V of 1908) in Section 39, by the Assam Act IV No. 1935.
(1) This section, and Sections 15, 32, 37, 38 and 39 shall apply to the Court of Small Causes constituted under the Provincial Small Causes Courts Act, 1887 (IX of 1887).
(2) Save as provided by this Act, the other sections of this Act do not apply to those Courts.