Section 17 of The Madras Civil Courts Act, 1873 in hindi
No District Judge, Subordinate Judge or District Munsif, shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceeding connected with, or arising out of, such suit. nor to try appeals form decrees passed by them in other capacities.— No District Judge or Subordinate Judge, shall try any appeal against a decree or order passed by himself in another capacity. Mode of disposing of such suits and appeals. — When any such suit, proceeding or appeal comes before any such officer, he shall report the circumstances to the Court to which he is immediately subordinate. The superior Court shall thereupon dispose of the case in the manner prescribed by the Code of Civil Procedure, section six. Nothing in the last preceding clause of this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.
Summary
- Judges are strictly banned from hearing any lawsuit where they are a party or have a personal interest.
- A judge cannot hear an appeal against a decision that they themselves made earlier while working in a different role.
- If a judge receives a case they are involved in, they must immediately report it to their superior court.
- The superior court will then take over and handle the case according to section six of the Code of Civil Procedure.
- These rules do not limit the special original civil powers of the High Court.
Practical examples
FAQ
1. What should a judge do if they are assigned a case they are involved in?
They must report the circumstances to the court to which they are immediately subordinate.
2. Can a judge hear an appeal on their own past ruling?
No, a District Judge or Subordinate Judge is forbidden from trying an appeal against a decree they passed in another capacity.
3. What does the superior court do when reported to?
It disposes of the case using section six of the Code of Civil Procedure.
4. Does this stop the High Court from using its special original powers?
No, nothing in this process affects the extraordinary original civil jurisdiction of the High Court.
Test yourself
Q1.Under Section 17 of The Madras Civil Courts Act, 1873, what must a Subordinate Judge do if they are assigned a suit in which they are personally interested?
Q2.Under Section 17 of The Madras Civil Courts Act, 1873, which procedural law dictates how the superior Court disposes of a case reported due to a judge's conflict of interest?
Q3.Under Section 17 of The Madras Civil Courts Act, 1873, if a District Judge receives an appeal from a District Munsif under Section 13, but the District Judge was actually the one who passed the original order while temporarily covering for that Munsif, what must the District Judge do?
Q4.Under Section 17 of The Madras Civil Courts Act, 1873, how does the rule regarding the superior court's disposal of the case affect the High Court?