Bare Acts

The Presidency Small Cause Courts Act, 1882

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.

प्रेसीडेंसी लघुवाद न्यायालय अधिनियम, 1882

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Act Details

Act Number:

Act Year:

1882

Location:

Enactment Date:

3/17/1882

Enforcement Date:

01-07-1882

Ministry:

Ministry of Law and Justice

Department:

Department of Justice

Full List of Sections

PRELIMINARY

Section 1 to Section 4

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[Repealed.].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[Repealed.].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 to Section 15

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 he decided according to law administered by High Court.

JURISDICTION IN RESPECT OF SUITS

Section 17 to Section 22

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 to Section 36

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Repealed.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 to Section 40

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 to Section 49

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 to Section 68

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 to Section 70

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 to Section 77

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 to Section 82

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 to Section 88

Section 83

Section 84

Section 85

Section 86

Section 87

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

Section 88

Appeal from orders under section 87.

MISCELLANEOUS

Section 89 to Section 97

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.