38Judges not to try suits in which they are interested

(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]