Bengal, Agra and Assam Civil Courts Act : Continuance of proceeding of Courts ceasing to have

Bengal, Agra and Assam Civil Courts Act,1887

Act No : 12

Section : Continuance of proceeding of Courts ceasing to have jurisdiction.

17. Continuance of proceeding of Courts ceasing to have jurisdiction. (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred. (2) Nothing in this section applies to cases for which provision is made in section 623 or section 649 of the Code of Civil Procedure4 (14 of 1882), or in any other enactment for the time being in force. ---------------------------------------------------------------------- 1 The words " by the G. G. in C., in the case of the High Court at Calcutta, and " were rep. by the A.O. 1937. 2 The words "in the case of the High Court at Calcutta, and by the Local Government in other cases," had been ins. by Act 38 of 1920, s. 2 and Sch. I. 3 The words "in other cases" were rep. by the A.O. 1937. 4 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. ---------------------------------------------------------------------- 76