Section 38. Judges not to try suits in which they are interested

38. Judges not to try suits in which they are interested. - (1) The presiding officer of a Civil Court shall not try any suit 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 24 of the Code of Civil Procedure, 1908. - (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court. 39. Subordination of Courts to District Court. For the purpose of the last foregoing section, the presiding officer of a Court subject to the administrative control of the Principal District Judge shall be deemed to be immediately subordinate to the Court of the District and for the purpose of the Code of Civil Procedure, 1908 the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the Principal District Judge. 40. Application of Act to S t a t e Courts of Small Causes. - (1) This section, and Sections. 15, 3 2 , 37, 38 and 39 apply to Court of Small Causes constituted under the Provincial Small Causes Courts Act. 1887. - (2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.