THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882

ACT NO. 15 OF 1882 · Enacted [17th March, 1882.] · 100 sections

PRELIMINARY

Section 1.Short title.

Section 2.[Repealed.].

Section 3.[Repealed.].

Section 4.“Small Cause Court” and “Registrar” defined.

CONSTITUTION AND OFFICERS OF THE COURT

Section 5.Courts of Small Causes established.

Section 6.Court to be deemed under superintendence, etc., of High Court.

Section 7.Appointment of Judges.

Section 8.Rank and precedence of Judges.

Section 8A.Performance of duties of absent Judge.

Section 9.Procedure and practice of Small Cause Court.

Section 10.Chief Judge to distribute business of Court.

Section 11.Procedure in case of difference of opinion.

Section 12.Seal to be used.

Section 13.Appointment of Registrar and other officers.

Section 14.Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.

Section 15.Judge or other officer not to practise or trade.

LAW ADMINISTERED BY THE COURT

Section 16.Questions arising in suits, etc., under Act to be decided according to law administered by High Court.

JURISDICTION IN RESPECT OF SUITS

Section 17.Local limits of jurisdiction of Court.

Section 18.Suits in which Court has jurisdiction.

Section 18A.Plaintiff may abandon suit against defendant resident out of jurisdiction.

Section 19.Suits in which Court has no jurisdiction.

Section 19A.Return of plaint.

Section 20.Court may by consent try suits beyond pecuniary limits of jurisdiction.

Section 21.Suits by and against officers of Court.

Section 22.Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.

PROCEDURE IN SUITS

Section 23.[Repealed.]

Section 24.No written statement except in cases of set-off.

Section 25.Return of documents admitted in evidence.

Section 26.Compensation payable by plaintiff to defendant in certain cases.

Section 27.Decree-holder to accompany officer executing warrant.

Section 28.Things attached to immovable property and removable by tenant to be deemed movable in execution.

Section 29.Discharge of judgment-debtor on sufficient security.

Section 30.Court may in certain cases suspend execution of decree.

Section 31.Execution of decree of Small Cause Court by other Courts.

Section 32.Minors may sue in certain cases as if of full age.

Section 33.Power to delegate non-judicial duties.

Section 34.Registrar to hear and determine suits like a Judge.

Section 35.Registrar may execute all decrees with the same powers as a Judge.

Section 36.Decrees and orders of Registrar to be subject to new trial as if made by a Judge.

NEW TRIALS AND APPEALS

Section 37.General finality of decrees and orders of Small Cause Court.

Section 38.New trial of contested cases.

Section 39.Removal of certain causes into High Court.

Section 40.Rules with respect to suits removed under the last foregoing section.

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

Section 41.Summons against person occupying property without leave.

Section 42.Service of summons.

Section 43.Order for possession.

Section 44.Such order to justify bailiff entering on property and giving possession.

Section 45.Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.

Section 46.Liability of applicant obtaining order when not entitled.

Section 47.Stay of proceedings on occupant giving security to bring suit against applicant.

Section 48.Proceedings to be regulated by Code of Civil Procedure.

Section 49.Recovery of possession no bar to suit to try title.

DISTRESSES

Section 50.Local extent of Chapter.

Section 51.Appointment of bailiffs and appraisers.

Section 52.Appointees to be public servants.

Section 53.Application for distress-warrant.

Section 54.Issue of distress-warrant.

Section 55.Time for distress.

Section 56.What places bailiff may force open.

Section 57.Property which may be seized.

Section 58.Impounding distress.

Section 59.Inventory.

Section 60.Application to discharge or suspend warrant.

Section 61.Claim to goods distrained made by a stranger.

Section 62.Power to award compensation to debtor or claimant.

Section 63.Power to transfer to High Court cases involving more than one thousand rupees.

Section 64.Appraisement.

Section 65.Sale.

Section 66.Costs of distresses.

Section 67.Account of costs and proceeds.

Section 68.Bar of distresses except under this Chapter.

REFERENCES TO HIGH COURTS

Section 69.Reference when compulsory.

Section 70.Security to be furnished on such reference by party against whom contingent judgment given.

FEES AND COSTS

Section 71.Institution-fee.

Section 72.Fees for processes.

Section 73.Repayment of half-fees on settlement before hearing.

Section 74.Fees and costs of poor persons.

Section 75.Power to vary fees.

Section 76.Expense of employing legal practitioners.

Section 77.Sections 3, 5 and 25 of Court-fees Act, 1870, saved.

MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS

Section 78.[Repealed.].

Section 79.Default of bailiff or other officer in execution of order or warrant.

Section 80.Extortion or default of officers.

Section 81.Court empowered to summon witnesses, etc.

Section 82.Enforcement of order.

CONTEMPT OF COURT

Section 83.[Repealed.].

Section 84.[Repealed.].

Section 85.[Repealed.].

Section 86.[Repealed.].

Section 87.Imprisonment or committal of person refusing to answer or produce document.

Section 88.Appeal from orders under section 87.

MISCELLANEOUS

Section 89.Persons by whom process may be served.

Section 90.Registers and returns.

Section 91.Court to furnish records, etc., called for by State Government or High Court.

Section 92.Holidays and vacations.

Section 93.Certain persons exempt from arrest by Court.

Section 94.No suit to lie upon decree of Court.

Section 95.Place of imprisonment.

Section 96.Tender in suit for anything done under Act.

Section 97.Limitation of prosecutions.