Section List

15/1882 - The Presidency Small Cause Courts Act, 1882 ▶

Act Number: 15

Act Name: The Presidency Small Cause Courts Act, 1882

Year: 1882

Enactment Date: 1882-03-17

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

Ministry: Ministry of Law and Justice

Department: Department of Justice

Section Number	Title	Actions
1	Short title.
2	[Repealed.].
3	[Repealed.].
4	“Small Cause Court” and “Registrar” defined.
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.
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.
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.
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.
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.
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.
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.
46	Liability of applicant obtaining order when not entitled.
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.
50	Local extent of Chapter.
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.
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.
65	Sale.
66	Costs of distresses.
67	Account of costs and proceeds.
68	Bar of distresses except under this Chapter.
69	Reference when compulsory.
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.
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.
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.
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.
16	Questions arising in suits, etc., under Act to he decided according to law administered by High Court.
23	Repealed.
24	No written statement except in cases of set-off.
28	Things attached to immovable property and removable by tenant to be deemed movable in execution.
70	Security to be furnished on such reference by party against whom contingent judgment given.