Section 23 in Bengal, Agra And Assam Civil Courts Act, 1887
23. Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain proceedings.-
(1)The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any District Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order.(2)The proceedings referred to in sub-section (1) are the following, namely:-(a)proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons dying intestate);[* * *] [Cl.(b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 was rep. by Act 8 of 1890, s.2 and Sch.][* * *] [Cl.(c) relating to applications for certificates under Act 27 of 1860 was rep. by Act 7 of 1889.](d)proceedings under the Indian Succession Act, 1865 (10 of 1865), and the Probate and Administration Act, 1881 (5 of 1881), which cannot be disposed of by District Delegates; and(e)references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882).(3)The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
