23Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain proceedings

¹(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);

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(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]