| Contents: |
| Title |
Presidency Small Cause Courts Act, 1882 |
|
Preamble |
| Sections |
Particulars |
| Chapter I |
Preliminary |
| 1. |
Short title, Commencement |
| 2. |
[Repealed.] |
| 3. |
[Repealed.] |
| 4. |
Small Cause Court and Registrar defined |
| Chapter II |
Constitution and Officers of The Court |
| 5. |
Courts of Small Causes established |
| 6. |
Court to be deemed under superintendence, etc., of High Court |
| 7. |
Appointment of Judges |
| 8. |
Rank and precedence of Judges |
| 8A. |
Performance of duties of absent Judge |
| 9. |
Procedure and practice of Small Cause Court |
| 10. |
Chief Judge to distribute business of Court |
| 11. |
Procedure in case of difference of opinion |
| 12. |
Seal to be used |
| 13. |
Appointment of Registrar and other officers |
| 14. |
Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees |
| 15. |
Judge or other officer not to practise or trade |
| Chapter III |
Law Administered by The Court |
| 16. |
Questions arising in suits, etc., under Act to he decided according to law administered by High Court |
|
Subject to Verification |
| Chapter IV |
Jurisdiction in Respect of Suits |
| 17. |
Local limits of jurisdiction of Court |
| 18. |
Suits in which Court has jurisdiction |
| 18A. |
Plaintiff may abandon suit against defendant resident out of jurisdiction |
| 19. |
Suits in which Court has no jurisdiction |
| 19A. |
Return of plaint |
| 20. |
Court may by consent try suits beyond pecuniary limits of jurisdiction |
| 21. |
Suits by and against officers of Court |
| 22. |
Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court |
| Chapter V |
Procedure in Suits |
| 23. |
[Repealed.] |
| 24. |
No written statement except in cases of set-off |
| 25. |
Return of documents admitted in evidence |
| 26. |
Compensation payable by plaintiff to defendant in certain cases |
| 27. |
Decree-holder to accompany officer executing warrant |
| 28. |
Things attached to immovable property and removable by tenant to be deemed movable in execution |
| 29. |
Discharge of judgment-debtor on sufficient security |
| 30. |
Court may in certain cases suspend execution of decree |
| 31. |
Execution of decree of Small Cause Court by other Courts |
|
Procedure when decree transferred |
| 32. |
Minors may sue in certain cases as if of full age |
| 33. |
Power to delegate non-judicial duties |
| 34. |
Registrar to hear and determine suits like a Judge |
| 35. |
Registrar may execute all decrees with the same powers as a Judge |
| 36. |
Decrees and orders of Registrar to be subject to new trial as if made by a Judge |
| Chapter VI |
New Trials and Appeals |
| 37. |
General finality of decrees and orders of Small Cause Court |
| 38. |
New trial of contested cases |
| 39. |
Removal of certain causes into High Court |
| 40. |
Rules with respect to suits removed under the last foregoing section |
| Chapter VII |
Certain Chapter A and Chapter B States |
| 41. |
Summons against person occupying property without leave |
| 42. |
Service of summons |
| 43. |
Order for possession |
| 44. |
Such order to justify bailiff entering on property and giving possession. |
| 45. |
Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings. Occupant may sue for compensation |
| 46. |
Liability of applicant obtaining order when not entitled |
|
Application for order in such case an act of trespass |
| 47. |
Stay of proceedings on occupant giving security to bring suit against applicant |
| 48. |
Proceedings to be regulated by Code of Civil Procedure |
| 49. |
Recovery of possession no bar to suit to try title |
| Chapter VIII |
Distresses |
| 50. |
Local extent of Chapter. Saving of certain rents |
| 51. |
Appointment of bailiffs and appraisers |
| 52. |
Appointees to be public servants |
| 53. |
Application for distress-warrant |
| 54. |
Issue of distress-warrant |
| 55. |
Time for distress |
| 56. |
What places bailiff may force open |
| 57. |
Property which may be seized |
| 58. |
Impounding distress |
| 59. |
Inventory, Notice of intended appraisement and sale |
|
Copies of inventory and notice to be filed |
| 60. |
Application to discharge or suspend warrant |
| 61. |
Claim to goods distrained made by a stranger |
| 62. |
Power to award compensation to debtor or claimant |
| 63. |
Power to transfer to High Court cases involving more than one thousand rupees |
| 64. |
Appraisement |
|
Notice of sale |
| 65. |
Sale, Application of proceeds |
| 66. |
Costs of distresses |
| 67. |
Account of costs and proceeds |
| 68. |
Bar of distresses except under this Chapter |
|
Penalty for making illegal distresses |
| Chapter IX |
References to High Courts |
| 69. |
Reference when compulsory |
| 70. |
Security to be furnished on such reference by party against whom contingent judgment given |
|
If no such security given, party to be deemed to have submitted to judgment |
| Chapter X |
Fees and Costs |
| 71. |
Institution-fee |
| 72. |
Fees for processes |
| 73. |
Repayment of half-fees on settlement before hearing |
| 74. |
Fees and costs of poor persons |
| 75. |
Power to vary fees |
| 76. |
Expense of employing legal practitioners |
| 77. |
Sections 3, 5 and 25 of Court-fees Act, 1870, saved |
| Chapter XI |
Misconduct of Inferior Ministerial Officers |
| 78. |
[Repealed.] |
| 79. |
Default of bailiff or other officer in execution of order or warrant |
| 80. |
Extortion or default of officers |
| 81. |
Court empowered to summon witnesses, etc |
| 82. |
Enforcement of order |
| Chapter XII |
Contempt of Court |
| 83. |
[Repealed.] |
| 84. |
[Repealed.] |
| 85. |
[Repealed.] |
| 86. |
[Repealed.] |
| 87. |
Imprisonment or committal of person refusing to answer or produce document |
| 88. |
Appeal from orders under section 87 |
| Chapter XIII |
Miscellaneous |
| 89. |
Persons by whom process may be served |
| 90. |
Registers and returns |
| 91. |
Court to furnish records, etc., called for by State Government or High Court |
| 92. |
Holidays and vacations |
| 93. |
Certain persons exempt from arrest by Court |
| 94. |
No suit to lie upon decree of Court |
| 95. |
Place of imprisonment |
| 96. |
Tender in suit for anything done under Act |
| 97. |
Limitation of prosecutions |
| The Schedules |
|
| Schedule I |
[Repealed.] |
| Schedule II |
[Repealed.] |
| Schedule III |
Forms of Affidavit, Warrant, Inventory, Etc |
| A. |
In the Small Cause Court for |
| B. |
Form of Warrant |
| C. |
Form of Inventory and Notice |
| D. |
In the Small Cause Court for |
| E. |
Scale of fees to be Levied in Distraints for House-Rent |
| Schedule IV |
Fees for Summonses and Other Processes |
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