Amendment of section 35 of Bombay Act XIV of 1869

For section 35 of the Bombay Civil Courts Act, 1869 (hereinafter referred to as "the Civil Courts Act"), the following section shall be substituted, namely:-

35.

1. (1) Where the office of the District Judge in a district falls or remains vacant from any cause or the District Judge is prevented from performing his duties due to illness or other cause,-
   • (i) if there is a Joint Judge in such district, the Joint Judge shall assume charge of the District Court without interruption to his own duties and shall, while so in charge, exercise all the powers of a District Judge;
   • (ii) if there is no Joint Judge in the district or if there is a Joint Judge, but he is unable to assume charge of the District Court due to his absence from the district or any other reason, the first in rank of the Assistant Judges in the district shall assume charge of the District Court without interruption to his ordinary jurisdiction and if there is no Joint Judge or the Assistant Judge is unable to assume charge for any reason as aforesaid, the first in rank of the Civil Judges in the district shall so assume such charge.
2. (2) The Assistant Judge or, as the case may be, the Civil Judge holding charge of the District Court under sub-section
3. (1) shall, while so in charge, perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and like matters and exercise such powers of a District Judge as may be specified by a general or special order made by the High Court.
4. (3) The Joint Judge, Assistant Judge, or, as the case may be, the Civil Judge, while holding such charge shall be designated as Joint Judge, Assistant Judge or, as the case may be, Civil Judge, in charge of the district.
5. (4) The Joint Judge, the Assistant Judge, or, as the case may be, the Civil Judge in charge of the district shall continue in such charge until the office of the District Judge may be resumed or assumed by an officer duly appointed thereto and in cases other than those where such officer thus resumes or assumes such charge, the Assistant Judge or, as the case may be, the Civil Judge in charge shall continue to be in such charge until the Joint Judge, or as the case may be, the Assistant Judge shall assume such charge.".