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Section 18

The Sikkim Civil Courts Act 1978State Act of Sikkim · Act 9 of 1978

(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie;

(a) to the District Judge 'where the value of the original suit in which or in any proceeding arising out of which the decree or order was mide did not exceed five thousand rupees, and .

(b) to the High Court in any other cases.

(2). Where the function of receiving any appeals which lie to the District Judge under sub-section (I) has been assigned to an Additional District Judge, the appeal's may be preferred to the Additional District Judge.

Appeals from Civil judge.

Judges not to vr suits in which they are JIlterested.

CHAPTER IV.

SUPPLEMENTARY PROVISIONS J 9.(1) The presiding Officer of a Civil Court under this Act shall not try any suit or other proceeding to which he is a party or "in which he is personall y interested.

Act sh ot try an app Aepeal.

. cCfpacity.

(3) When any such suit, proceeding or appeal as is referred to in sub.

section (I) or sub-section (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the District Judge with a report of the circumstances attending the reference.

(4) The District Judge shall thereupon dispose of .the case. himself or transfer the case to any other Court of competent jurisdiction.

20. All Civil Courts, except the High Court of Sikkim, exercising jurisdiction in the State of Sikkim immediatly before the commencement of this Act shall deem to have been duly constituted and to be exercising jurisdiction under the provision of this Act and all appointments, nominations rules and orders made, jurisdiction and powers conferred and all other actions done or taken relating to such Civil Courts, or purpoting expressly or impliedly to have been so made, conferred, done or taken, shall be deemed to have been respectively made, conferred,. done or taken under the provisions of this Act • .2 I • All laws including rules, regulations, notifications, orders or instruc- .tions, in force immediatly before the commencement of this Act, in so far .they .are inconsistent with the provisions of this Act shall, to the extent of~such illconsistency, cease to have effect and stand repealed from the date of such commencement.

By Order of the Governor.

B. R. PRADHAN, Secretary to the Government of Sikkim Law and Legislative Department.

F. 16 (44)LL/77.

PRINTED AT THE SIKKIM GOVERNMENT PRESS

Where this provision sits

ActThe Sikkim Civil Courts Act 1978
Section18
JurisdictionState of Sikkim
StatusIn force as published by the source

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