The Burma Courts Act 1875, 17 of 1875, (Rep., Act 11 of 1889) · VII — .

Section 20. Power to distribute business

Repealed or not in force · As amended up to 2026-08

20. Power to distribute business. Language of plaints and record of evidence. `(f).` `Civil` Apeads. 20. Notmrithstanding anything contained in the Power to disCode of Civil Procedure, section six, every Deputy tribute h i - Commissioner inay direct suits to be iiistituted in the[ness. ] C:o~l~t,s w-rho~dinate to hin~, ancording to slich 1 ~ 1 1 ~ s a,s to the description of the suits and the amount or value of their subject-matter as he from tiiiie to time, mith thc sioner through the Commissioner of the Division i11 which the Court wherein the suit was instituted is included. If either of the said Courts is the Court .of the Recorder of Rangoon, the application shall be made to the Special Court hereinafter mentioned. 19. No presiding officer of any Court mentioned P r e s i d i n ~ officer of in section six, clause (a), (b), ( G ) , (d), (e) or (f) shall, court not to unless with the consent of the parties, or by the direc- try suit or tion of the Chief Commissioner, try any suit or appeal ;yhf$is in which he is a party or personally interested, or any ,tereSted ; appeal against a decree or order passed by himself ; or shall adjudicate upon any proceeding coniiected with, or arising 0th of, such stlit or appeal : 20. Notwithstanding anything contained iii the Power to disCode of Civil Procedure, section sis, every Deputy tributebusiComniissioner may direct suits to be instituted in tllc[ness. ] Courts subordinate to him, according to such rules as to the description of the suits and the aniount or value of their subject-matter as he fro111 tiiiie to time, with the I3 i Bzwqnch `Cozbvts.` [ `ACT` XV I the sanction of the Judicial Commissioner, prescribes in this behalf, and may also, with the like sanction, direct the business of the said Courts to be distributed among them in such way as he thinks fit : provided that no Cou~t shall try any suit where the amount or value of the subject-matter exceeds its proper jurisdiction. Notwithstanding anything contained in the same of evi. Code, sections 26 and 172, plaints may be written and evidence may be talcen down in such language or Ianguages as the Chief Conlmissioner from time to time directs in this behalf. Language of plaints and of dence. `(f).` `Civil Appeals.` 21. Subject to any express provision to the contrary contained in any Act for the time being in force in British Burma, an appeal shall lie from the decrees and orders of the Courts of original civil jurisdiction in British Burma to the Courts empowered by this Act to hear appeals from such decrees and orders. Appealst0 lie from Courts of original jurisdiction. When any such suit, appeal or proceeding coiiics but iu case of ~ ~ before the presiding officer of any Court subordinate to the Judicial Commissioner, he shall forthwith, dicial Comunless the parties apply that he proceed with the case himself, transmit the record to the Court to which he perior court. is immediately subordinate, with a report of the circumstances of such transmission. ~ ~ ~ ~ to the Judicial Commissioner, he shall forthwith, dicial Comunless the parties apply that he proceed with the case el;df"e;:;;& 8~1~11 Court shall thereupon try the case itself, or Procedure transfer it for trial to any subordinate Court of com- thereon. petent jurisdiction as to the amount or value of the subject-matter. subject-matter. In the event of an appeal being preferred to the Appeal to JnJudicial Commissioner from a judgment or order $:?$oz~passed by him in ally other capacity, or in which he from order has any persoiial interest, he shall, uiiless the parties ~ a s s e d b ~ him in other capaapply that he proceed with the case himself, report city or in the fact to the Chief Commissioiier, who shall either mhich he i s direct the Judicial Commissioner to try the case him- lUterested. self, or transfer it to the Court of the Recorder of Xangoon. All such appeals presented between the fifth day of April, 1872, and the passing of this Act, shall be deemed to have been presented under this section. Time allowed 22. The memorandum of appeal must, when the for presenting appeals appeal lies to the Comn~issioner, be presented within to Cornmis- six weeks, the period being reckoned from and exclu- ~ioi~er. sive of the day on which the decision or order appealed against was passed, and also exclusive of such time as may be requisite for obtaining a copy of such decision or order. Transfer of 23. The Chief Commissioner may direct that """ "ppelthe civil appellate jurisdiction of any Commissioner late jurisdiction to JU&- shall be transferred to the Judicial Commissioner, C O ~ " ~ S - either qrholly or in respect of a particular suit or sioner. class of suits, and either for a specified time or until f~wther orders. The Chief Commissioner may also at any time direct that any appellate jurisdiction which has been so transferred to the Judicial Commissioner shall revert `14` j I I I \ 1 I i `i` I

Source: India Code