Section 37: Certain decisions to be according to Native law.

(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished. (2)In cases not provided for sub-section (1)or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience. 38. Judges not to try suits in which they are interested.—(1) The presiding officer of a Civil Court shall not try any spit 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 25 of the Code of Civil Procedure (14 of 1882)2. (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court. STATE AMENDMENT Assam Amendment of section 38.- In sub-section (4) of section 38 of the said Act, for the words and figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of Civil Procedure, 1908" shall be substituted. [Vide Assam Act 6 of 1935, s. 8] 39. Subordination of Courts to District Court.—Forthe purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and, for the purposes of the Code of Civil Procedure (14 of 188 2), the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge. STATE AMENDMENT Assam In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be inserted. [Vide Assam Act 6 of 1935, s. 4] 40. Application of Act to State Courts of Small Causes.—(1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887).