36. Power to confer powers of Civil Courts on officers.—(1) The State Government may
invest with the powers of any Civil Court under this Act, by name or in virtue of office,—
(a) any officer in the Chutia Nagpur, 1
[Sambalpur], Jalpaiguri or Darjeeling District, or
in any part of the territories administered by the Chief Commissioner of Assam except the
district of Sylhet, 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
2
*** .
1. Ins. by 4 of 1906, s. 6.
2. The words “with the previous sanction of the G. G. in C.”rep. by Act 38 of 1920, s. 2 and the First Schedule,
Part I.
18
(2) Nothing in 1
[sections 4, 5, 6, 8, 10 or 11] 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 clause (a) of sub-section (1),the same local
jurisdiction is assigned to two or more officers invested with the powers of a Munsif, the officer
invested with the powers of a District Judge may, with the previous sanction of the State
Government, delegate his functions under sub-section (2) of section 13 to an officer invested
with the powers of a Subordinate Judge or to one of the officers invested with the powers of a
Munsif.
(4) Where the place at which the Court of an officer invested with powers under sub-section
(1) isto be held has not been fixed under section 14, the Court may be held at any place within
the local limits of its jurisdiction.
STATE AMENDMENT
Assam
Amendment of section 36.—In section 36 of the principal Act, in clause (a) of sub-section (1),
for the words “territories administered by the Chief Commissioner of Assam except the district
of Sylhet” occurring between the words “the” and “or” the words “State of Assam” shall be
substituted.
[Vide Assam Act 9 of 1965, s. 4]
2
37. Certain decisions to be according to Native law.—(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 Muhammadan law in
cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc
Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment,
been altered or abolished.
(2)In cases not provided for sub-section (1)or by any other law for the time being in force,
the Court shall act according to justice, equity and good conscience.
38. Judges 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 circumsta nces
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)3
.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil
jurisdiction of the High Court.
1. Subs. 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)”.
2. The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law
(Shariat) Application Act, 1937 (26 of 1937), rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of
1943.
3. See now s. 24 of the Code of Civil Procedure, 1908 (Act 5 of 1908). In Bengal and Assam, that reference has
been formally subs. by Ben. Act 19 of 1935 and Assam Act 6 of 1935 respectively.
19
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]
Bihar
Amendment of Section 38 of Act XII of 1887. - 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 Bihar Act 12 of 1960, s. 7]
39. Subordination of Courts to District Court.—For the purposes 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 purposes of the Code of Civil Procedure (14 of 1882), the Court of such an officer
shall be deemed to be of a grade inferior to that of the Court of the District Judge.
STATE AMENDMENT
Assam
In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be
inserted.
[Vide Assam Act 6 of 1935, s. 4]
Bihar
Amendment of Section 39 of Act XII of 1887. - In Section 39 of the said Act, after the words "Code of
Civil Procedure", the figures "1908" shall be inserted.
[Vide Bihar Act 12 of 1960, s. 8]
40. Application of Act to State Courts of Small Causes.—(1) This section and sections 15,
32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause
Courts Act, 1887 (9 of 1887).
(2) Save as provided by that Act, the other sections of this Act do not apply to those
Courts.
_