Superintendence of, appeals to and revision by, Special Judges

A. Superintendence of, appeals to and revision by, Special Judges.-(1) The Government may, from time to time, appoint a Special Judge or Judges for any local area to inspect, supervise and control in the place of the District Judge the proceedings of all Courts empowered under section 4 in any suit of the description mentioned in section 3 or any appeal under section 6, and may cancel any such appointment.

1. (2) Any appeal which lies under section 5 to a Subordinate Judge or the District Court may be heard and determined by such Special Judge.
2. (3) Such Special Judge may withdraw any such suit, appeal or proceeding pending before any Subordinate Judge, Munsiff or Tehsildar and may either transfer it to any other Court of equal or superior jurisdiction competent to determine it under this Act or may himself determine it in accordance with the provisions of this Act.
3. (4) Such Special Judge may, for the purpose of satisfying himself of the legality or propriety of any decree or order passed by any Subordinate Judge, Munsiff or Tehsildar in any such suit or any such appeal or as to the regularity of the proceedings therein, call for and examine the record of such suit, appeal or proceeding and pass such order thereon as he thinks fit: Provided that no decree or order shall be reversed or altered for any error or defect or otherwise, unless a failure of justice appears to have taken place.
4. (5) No appeal shall lie from any decree or order passed by such Special Judge under sub-sections (2),
5. (3) or
6. (4) but High Court may exercise its powers of revision under section 115 of the Code of Civil Procedure, 1977, with regard to any such decree or order.
7. (6) Such Special Judge may refer to the High Court under section 113 of the Code of Civil Procedure, 1977, any question of law, or usage having the force of law, or the construction of a document arising in any case pending before him under sub sections (2),
8. (3) or
9. (4) as if that case were a suit or an appeal pending before him ; and in respect of every reference so made, the provisions of Order XLVI of said Code shall apply.
10. (7) If any conflict of authority arises between the Special Judge and the District Judge, the High Court shall pass such order thereon consistent with this Act as it thinks fit.