23. Judge not to try suits in which he is personally 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 Court under this Act shall not hear 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 (2) comes before any such officer, he 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 of 1908).(5)Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.Explanation - The presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of such District Judge and for the purposes of the Code of Civil Procedure, 1908 (5 of 1908) the Court presided over by such an officer, shall be deemed to be of a grade inferior to that of the Court of the District Judge.
