CODE OF CIVIL PROCEDURE (WEST BENGAL AMENDMENT) ACT, 1988

Act No. 15 of 1988

5th November, 1988

An Act to amend the Code of Civil Procedure, 1908, in its application to West Bengal. WHEREAS it is expedient to amend the Code of Civil Procedure, 1908, in its application to West Bengal, for the purpose and in the manner hereinafter appearing; It is hereby enacted as follows :- NOTE In the Code of Civil Procedure, 1908, in its application to West Bengal under section 115, the West Bengal Amendment has been enacted. * Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 5th November, 1988.

S.1 Short title and commencement

(1) This Act may be called the Code of Civil Procedure (West Bengal Amendment) Act, 1988.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.3 Insertion of new section 115A in Act 5 of 1908

In Part VIII of the principal Act, after section 115, the following section shall be inserted :-

"115A. District Court's powers of revision.--

• (1) A District Court may exercise all or any of the powers which may be exercised by the High Court under section 115.
• (2) Where any proceeding by way of revision is commenced before a District Court in pursuance of the provisions of sub-section (1), the provisions of section 115 shall, so far as may be, apply to such proceeding and references in the said section to the High Court shall be construed as references to the District Court.
• (3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall be final and no further proceeding by way of revision shall be entertained by the High Court or any other Court.
• (4) If any application for revision has been made by any party either to the High Court under section 115 or to the
  

S.2 Application of the Act

The Code of Civil Procedure, 1908 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purpose and in the manner hereinafter provided.