Chapter V Chapter V

Supplemental Provisions

Judges not to try suits in which they are interested.—

1. (1) The Presiding Officer of a Civil Court shall not try any suit or other proceedings to which he is a party or in which he is personally interested.
2. (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. (3) When any such suit, proceeding or appeal as is referred to in sub-section
4. (1) or sub-section
5. (2) comes before any such officers, 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.
6. (4) The Superior Court shall thereupon dispose of the case under Section 24 of the Code of Civil Procedure, 1908.
7. (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.

Conduct.— The Civil Courts shall act according to justice, equity and good conscience in all matters before it.

Repeal and Savings.—

1. (1) The Bengal, Agra , Assam Civil Courts Act, 1887 as is applicable to the State of Bihar is hereby repealed.
2. (2) Notwithstanding such repeal all Court constituted, appointments, nominations, rules, notifications, and orders made for jurisdiction and power conferred under the Bengal, Agra and Assam Civil Courts Act, 1887, or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published shall be deemed to have been respectively constituted, made conferred and published under this Act; and
3. (3) Any actions taken or purported to have been taken under the Bengal, Agra and Assam Civil Courts Act, 1887 shall be deemed to have been taken under the provisions of this Act; and
4. (4) Any enactment or document referring to the Bengal, Agra and Assam Civil Courts Act, 1887, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.