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21. Appeals from Subordinate Judges and Munsifs.

(1) Save as aforesaid, an appeal from a decree or order of a Subordinate 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 made did not exceed five thousand rupees, and (b) to the High Court in any other case.

(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.

(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.

(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.

1. In Bengal and Assam, for the words and figures "in s. 623 or s. 649 of the Code of Civil Procedure " the words and figures "in ss. 36, 37 and 114 of, and rule 1 of Order XLVII in Sch. I to, the Code of Civil Procedure, 1908, " have been subs. by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa, also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158.

2. In Bengal and Assam, the figures "1908," have been ins. at this place by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa. also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158.

3. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been di versely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.

4. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I.



Bengal, Agra and Assam Civil Courts Act, 1887 Back




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