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Section 39

The Punjab Courts Act, 1918Union territory Act of Chandigarh · Act 6 of 1918

(1) Save as aforesaid, an appeal from a decree Appeals from or order of a Subordinate Judge shall lie— ?l\;gg:dm“e *l(a) to the District Judge,—

(i) where the decree or order was made before the 28th day of June, 1963 and the value of the original suit in which the decree or order was made did not exceed five thousand rupees; or

(i) where the decree or order is made after the 28th day of June, 1963 and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees; and]

(b) to the *THigh Court] in any other case.

* * * * * 4% * = = °[(2) Subject to the provisions of sub-section (24), an appeal to the Court of the District Judge shall be heard by the District Judge or by an Additional District Judge.

(24) An Additional District Judge shall hear - on_ly such appeals as the High Court, by general or spec}al order, may direct or as the District Judge of the District may make over to him.]

°[(3) The High Court may by notification direct that appeals lying to the District Court from all or any of the ISubstituted fcr the words “Additional Judge” by Punjab Act 35 of 1963, section 4.

2Substituted for the words “Chief Court” by Punjab Act IV of 1919, section 2(5).

3Substituted by Punjab Act 35 of 1963, section 6(2).

4Sub-section (2), was omitted and sub-section (3) renumbered as sub-section (2), znd new sub-section (3) substituted for sub-section (4) by Punjab Act IX of 1922, section 14. For notification under sub-section l(é!), see Punjab Gazette, Extraordinary, dated 5th January, 1923, page 5Substituted by Punjab Act No. 35 of 1963, section 6(2).

SSub-section (2) was omitted and sub-section (3) renumbered sub-section (2) and new sub-section (3) substituted for sub-section

(4) by Punjab Act IX of 1922, section 14. For notification under subsection (3), see Punjab Gazette (Extraordinary), dated 5th January, 1923, page 13.

B 584 COURTS [1018 : Ph, Ay Vi, \ corders passed ity an original suit by any g‘lbfirdih ;i?a::(‘glfdlg? :ll.\fll}ho preferred to such other ‘Subordinqte J.ludqo ns‘nmy be mentioned in the notlfic:}tm{\Z and .

appénls shall thereupon be preferred accordingly and th, Court of such other Subordinate Judge shall be deemey |, be a District Court for the purposes of all appeals 5, pre.

ferred.]

Power to trans- 40. (1) A District Judge may transfer any app, fer to a Subordi- .

nate Judge ap- ¢ alg § ending before him from the decrees or orders of [Sub. rdinate Judges) to and *lother] Subordinate Judga ader Subordinate .. administrative contro! competent to dipsose of them, Judges. . > S

(2) The District Judge may withdraw any appeal s, transferred, and either hear and -dlsposg of 1t himself o transfer it to a Court under his administrative contro] competent to dispose of it.

(3) Appeals transferred under this sectio_n shall e disposed of subject to the rules apolicable to like appeals when disposed of by the District Judge.

(4) The powers confetred by this section shall be ex. ercised subject to such general or special orders as ma from time to time be issued in this behalf by the *[High Courtl.

i : 41. (1) An appeal shall lie to the *(High Court] from Se als, f e mpe every decree passed in appeal by any -Court subordinate *[Hi 3 following grounds,

(a) the decision being contrary to law or tp some custom or usage having the force of law: isi ving failed to determine some stom or usage hav- ing the force of law;

a substantial error gor defect in the procedura Vot provided by th Code of Civil Procedure, 1908, g4 or by 2ny athey law for the time being in force which may Passibly have produced error or defect in the decilsion of the case upon the merits, ISubstituteq for the word “Munsifs” IX of 1922, 2Inserfeq by Punjab Act IX of 1922, section 15, “Substituted for the words “Chief A Court” by Punjab Act TV of 1919 section 2(5), by section 15 of Punjab Act 1918 : Pb. Act VI.] courrts 585 ‘[Explanatior?._—z\ question relating to the existentce or validity of a custom or usage shall he decmed to be a question of law within the meaning of this section.]

(2) An appeal may lie under this section from an appellate decree passed ex parte.

3) * « * N 2 » - .

Where this provision sits

ActThe Punjab Courts Act, 1918
Section39
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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