39. Power to confer powers of civil courts on officers in Hill areas and procedure before the court of such officers.
(1)The State Government after consultation with the High Court may, by notification in the official Gazette, invest, by name or in virtue of office on any officer in the Hills areas with the powers of any civil court under this Act, and upon such investment the provisions of this Act shall, so far as they can be made applicable, apply to him as if he were a Judge of the court with the powers of which he is invested.(2)Where the place at which the court or an officer invested with powers under sub-section (1) is to be held, has not been fixed under Section 36, the court may be held at any place within the local limits of its jurisdiction.(3)The Code of Civil Procedure, 1908, shall apply to all suits and proceedings before the court of an officer invested with powers under sub-section (1) subject to the following exceptions, namely:(a)a defendant in a suit may, instead of filing a written statement make an oral statement of his defence which shall be recorded by the Court;(b)all applications by parties in any suit or proceedings may be made only before court;(c)no appearance, application or act in or to the court, required or authorised by law to be made or done by a party in such court shall be made or done by a pleader (as defined in the Code of Civil Procedure, 1908) save with the permission of the Court;(d)it shall be sufficient for the court to make a memorandum of the substance of the evidence of any witness examined by it and it shall not be necessary for the court to take down evidence of any witness in writing at length unless the court is, on the application of any party or otherwise, satisfied that there is any special reason for so doing.
