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The Civil Courts Act, 1887

( ACT NO. XII OF 1887 )

Chapter VII


Judges not to try suits in which they are interested
38. (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 1[section 24 of the Code of Civil Procedure, 1908].
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court Division.

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