Act 15 of 1882

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.

  • Ministry of Law and Justice
  • Department of Justice
  • Enacted 1882-03-17
  • 100 sections
SectionTitle
1 Short title.Read
2 [Repealed.].Read
3 [Repealed.].Read
4 “Small Cause Court” and “Registrar” defined.Read
5 Courts of Small Causes established.Read
6 Court to be deemed under superintendence, etc., of High Court.Read
7 Appointment of Judges.Read
8 Rank and precedence of Judges.Read
8A Performance of duties of absent Judge.Read
9 Procedure and practice of Small Cause Court.Read
10 Chief Judge to distribute business of Court.Read
11 Procedure in case of difference of opinion.Read
12 Seal to be used.Read
13 Appointment of Registrar and other officers.Read
14 Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.Read
15 Judge or other officer not to practise or trade.Read
16 Questions arising in suits, etc., under Act to he decided according to law administered by High Court. Read
17 Local limits of jurisdiction of Court.Read
18 Suits in which Court has jurisdiction.Read
18A Plaintiff may abandon suit against defendant resident out of jurisdiction.Read
19 Suits in which Court has no jurisdiction.Read
19A Return of plaint.Read
20 Court may by consent try suits beyond pecuniary limits of jurisdiction.Read
21 Suits by and against officers of Court.Read
22 Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.Read
23 Repealed.Read
24 No written statement except in cases of set-off.Read
25 Return of documents admitted in evidence.Read
26 Compensation payable by plaintiff to defendant in certain cases.Read
27 Decree-holder to accompany officer executing warrant.Read
28 Things attached to immovable property and removable by tenant to be deemed movable in execution.Read
29 Discharge of judgment-debtor on sufficient security.Read
30 Court may in certain cases suspend execution of decree.Read
31 Execution of decree of Small Cause Court by other Courts.Read
32 Minors may sue in certain cases as if of full age.Read
33 Power to delegate non-judicial duties.Read
34 Registrar to hear and determine suits like a Judge.Read
35 Registrar may execute all decrees with the same powers as a Judge.Read
36 Decrees and orders of Registrar to be subject to new trial as if made by a Judge.Read
37 General finality of decrees and orders of Small Cause Court.Read
38 New trial of contested cases.Read
39 Removal of certain causes into High Court.Read
40 Rules with respect to suits removed under the last foregoing section.Read
41 Summons against person occupying property without leave.Read
42 Service of summons.Read
43 Order for possession.Read
44 Such order to justify bailiff entering on property and giving possession.Read
45 Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.Read
46 Liability of applicant obtaining order when not entitled.Read
47 Stay of proceedings on occupant giving security to bring suit against applicant.Read
48 Proceedings to be regulated by Code of Civil Procedure.Read
49 Recovery of possession no bar to suit to try title.Read
50 Local extent of Chapter.Read
51 Appointment of bailiffs and appraisers.Read
52 Appointees to be public servants.Read
53 Application for distress-warrant.Read
54 Issue of distress-warrant.Read
55 Time for distress.Read
56 What places bailiff may force open.Read
57 Property which may be seized.Read
58 Impounding distress.Read
59 Inventory.Read
60 Application to discharge or suspend warrant.Read
61 Claim to goods distrained made by a stranger.Read
62 Power to award compensation to debtor or claimant.Read
63 Power to transfer to High Court cases involving more than one thousand rupees.Read
64 Appraisement.Read
65 Sale.Read
66 Costs of distresses.Read
67 Account of costs and proceeds.Read
68 Bar of distresses except under this Chapter.Read
69 Reference when compulsory.Read
70 Security to be furnished on such reference by party against whom contingent judgment given.Read
71 Institution-fee.Read
72 Fees for processes.Read
73 Repayment of half-fees on settlement before hearing.Read
74 Fees and costs of poor persons.Read
75 Power to vary fees.Read
76 Expense of employing legal practitioners.Read
77 Sections 3, 5 and 25 of Court-fees Act, 1870, saved.Read
78 [Repealed.].Read
79 Default of bailiff or other officer in execution of order or warrant.Read
80 Extortion or default of officers.Read
81 Court empowered to summon witnesses, etc.Read
82 Enforcement of order.Read
83 [Repealed.].Read
84 [Repealed.].Read
85 [Repealed.].Read
86 [Repealed.].Read
87 Imprisonment or committal of person refusing to answer or produce document.Read
88 Appeal from orders under section 87.Read
89 Persons by whom process may be served.Read
90 Registers and returns.Read
91 Court to furnish records, etc., called for by State Government or High Court.Read
92 Holidays and vacations.Read
93 Certain persons exempt from arrest by Court.Read
94 No suit to lie upon decree of Court.Read
95 Place of imprisonment.Read
96 Tender in suit for anything done under Act.Read
97 Limitation of prosecutions.Read
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