Section 31

Execution of decree of Small Cause Court by other Courts.

The Presidency Small Cause Courts Act, 1882

  • Act 15 of 1882
  • Ministry of Law and Justice
  • Department of Justice
About this Act

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

All sections
    If the judgment-debtor under any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send the decree for execution—
         (a) in the case of execution against immovable property situate within such local limits—1 [to the Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may be];
         (b) in all other cases—to any Civil Court within the local limits of whose jurisdiction such judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found.
     Procedure when decree transferred.—The procedure prescribed by the 2Code of Civil Procedure (14 of 1882) for the execution of decrees by Courts other than those which made them shall be the procedure followed in such cases.

Notes

1. Subs. by Act 7 of 1892, s. 12, for "to the high court".
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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