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Code of Civil Procedure, 1908

ORDER L

PROVINCIAL. SMALL CAUSE COURTS

1. Provincial Small Cause Courts.-

The provisions hereinafter specified shall not extend to Court constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) 1[or under the Berar Small Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes 2[under the said Act or Law] 1[or to Courts in 2[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say-

(a) so much of this Schedule as relates to-

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;

(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;

(iii) the settlement of issues; and

(b) the following rules and orders:-

Order II, rule 1 (frame of suit);

Order X, rule 3 (record of examination of parties);

Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;

Order XVIII, rule 5 to 12 (evidence);

Order XLI, to XLV (appeals);

Order XLVII, rules 2, 3, 5, 6, 7 (review);

Order LI.

1. Ins. by Act 4 of 1941, s. 2, and the Third Sch.

2. Subs. by s. 2, and the Third Sch. ibid., for "under that Act".

1. Ins. by Act 2 of 1951, s. 18.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".

STATE AMENDMENT

Uttar Pradesh

Amendment of the First Schedule.-

In the First Schedule to the said Code, in the Order L, in rule 1, in clause (b) for the words and figures "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment", the words as figures "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment and rule 5" shall be substituted.

[Vide Uttar Pradesh Act 19 of 1973, s. 3]









  

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