Section 40: Bar against trial of certain suits and appeals

The Jammu and Kashmir State Civil Courts Act, 1977Union territory Act of Ladakh · Act 46 of 1977

(1) The presiding officer of a Civil Court shall not try any suit 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 sub-section (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 circumstances attending the reference.

(4) The superior Court shall thereupon dispose of the case under section 24 of the Code of Civil Procedure.

Where this provision sits

Act	The Jammu and Kashmir State Civil Courts Act, 1977
Section	40
Marginal note	Bar against trial of certain suits and appeals
Jurisdiction	Union territory of Ladakh
Status	In force as published by the source

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