40. Bar against trial of certain suits and appeals.
(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 Civil Court under this Act shall not try 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 (1) or sub-section (2) comes before any such officer, the officer 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.
