The Bengal, Agra and Assam Civil Courts Act

17Continuance of proceedings of Courts ceasing to have jurisdiction

(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 had not ceased to have jurisdiction, might have been had 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 for which provision is made in section 623 o r section 649 of the Code of Civil Procedure¹ (14 of 1882) or in any other enactment for the time being in force.

STATE AMENDMENT

Assam

Amendment of section 17.-- In sub-section (2) of section 17 of the said Act, for the words and figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall be substituted.

[Vide Assam Act 6 of 1935, s. 3]

Download our fully-offline, High speed android app.- Click here

1. In Bengal and Assam, for the words and figures "in s. 623 or s. 649 of the Code of Civil Procedure" the words and figures "in ss. 36, 37 and 114 of, and rule 1 of Order XLVII in Sch. I to, the Code of Civil Procedure, 1908, " have been subs. by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa, also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158.

Click here to register yourself as a lawyer in our registry

CONSTITUTION OF CIVIL COURTS