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

Section 48. The Court of the Recorder shall have j~~risdiction in the adjudication of suits of every descrip- $;

Repealed or not in force · As amended up to 2026-08

48. The Court of the Recorder shall have j~~risdiction in the adjudication of suits of every descrip- $;:%;: tion, except those which are cognizable by a Court of Sillall Causes, if, in the case of immoveable property, tlle subject-matter of the suit is situate, or if, in all other cases, the cause of action or a material part tliereof has arisen, or the defendant at the time of the coiniiicncement of the suit dwells, or either personally or by his scr~rant or agent carries on busiucss or worlcs Civil juris- for 2 1 for gain, within tlie limits iilentioncd in section Iorty'seven. A corporation or company having an office wikhin such limits shstll, when tlie cause of action, or a material part thereof, has arisen in British Burma, or in any foreign territory adjacent thereto, be deemed, for the purpose of this section, to carry on business at such office. No appeal 49. There shall be no appeal from the decTee or froln Rccorder9s Court ill order of the Recorder passed in any original suit or certsiu cilses. proceeding mhcre the amount or value of the subjectmatter does not exceed three thousand iupees. But where the amount or value of the suit or proceeding in the Recorder's Court exceeds three tho=sand rupees, and is less than ten thousand rupees, an appeal shall lie to the High Court : provided that the amount or value of thc matter in dispute on appeal must exceed the former sum and be less than the latter. JJ7hea appeal lies to High Court. 58. For the trial of civil suits tho Recorder may constitute one or more persons assessor or assessors of the Court. Such person or persons shall attencl during the trial of the suit, and shall deliver his or their opinion or opinions in writing, to be rec,orded on the proceedings. But the decision of the case shall rest with the Recorder. Assessors ill suits. No officer of the Recorder's Court shall be appointed an assessor under this sectiod. Miscellaue51. The Recorder shall within the local limits O'ls juridic- of his ordinary civil jurisdiction, exercise the powers tiou. of a District; Judge; and he shall also exercise tho powers of a District Judge under Act No. IV of 7 869 (The Indims Divorce Act) throughout British Burma. MiscellaueO'ls tiou. 52. The Recorder shall, in respect of. tlie Court of Small Causes in Rangoon, exercise and perform Rec0rde.r'~ 52. powers iu respect small Cause the powers and duties of a High Court. Court, Rangoon. Grdnt of new `53.` trial. `53.` Tbe Recordei. may, if he thinks fit, graiit a new trial in any suit tried by him, if, in suits'relating to land or other i~nnmoveable property, such new trial be applied for nrithin three nlonthx from tllc date of the 2 2 the dccision, and, in all other cascs, if it be applied for within thirty days from the date of thc dccision. Provided that nothing hereinbefore contained Rc-!iem of shall interfere with the power of the Recorder to j"dgg"e"t. allow a review of judgment under the Code of Civil Procedure, if such review be applied for within the period allowed for making such applications. Provided also that the Recorder may, if he thinks Sec~wityfrom fit, before granting a new trial or a review, require "P~'"""~~ either. the party applying for the same to give sufficient security for the due compliance with the terms of the decree or order which it is sought to set aside or review, or for the costs of the new trial or review,

Source: India Code