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PROVINCIAL SMALL CAUSE COURTS ACT

Ministry of Law and Justice

Act nº 9 of 1887


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter v
  • Schedules
  • Act nº 9 of 1887

Preamble

THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887

[Act, No. 9 of 1887]1

[AS ON 1956]

[24th February, 1887]

PREAMBLE

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

WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes established beyond the local limits for the time being of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Bengal and at Madras and Bombay;

It is hereby enacted as follows:-

1. Substituted for "Part BStates" by 2 A.L.O. 1956 w.e.f. 1-11-1956


Chapter I

Section 1. Title, extent and commencement

(1) This Act may be called the Provincial Small Cause Courts Act, 1887.

(2) It extends to the whole of India except1[the territories which, immediately before the 1stNovember 1956, were comprised in Part BStates]; and

(3) It shall come into force on the first day of July, 1887.

1. Substituted for "Part BStates" by 2 A.L.O. 1956 w.e.f. 1-11-1956


Section 2. [Repealed]

Rep. partly by the Amending Act, 1891 (12 of 1891), s.2 and Sch. I, and partly by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

Section 3. Savings

Nothing in this Act shall be construed to affect

(a) any proceedings before or after decree in any suit instituted before the commencement of this Act; or

(b) the jurisdiction of a Magistrate under any law for the time being in force with respect to debts or other claims of a civil nature, or of village-munsifs or village-panchyats, under the provisions of the Madras Code, or of village-munsifs under the Dekkhan Agriculturists' Relief Act, 1879 (17 of 1879); or

(c) any local law or any special law other than the Code of Civil Procedure (14 of 1882) [See now the Code of Civil Procedure, 1908 (Act 5 of 1908).]

Section 4. Definition

In this Act, unless there is something repugnant in the subject or context, "Court of Small Causes" means a Court of Small Causes constituted under this Act, and includes any person exercising jurisdiction under this Act in any such Court.

Chapter II

Section 5. Establishment of Courts of Small Causes

(1) The State Government [The words "with the previous sanction of the G.G. in C., were rep. by Act 4 of 1914, s.2 and Sch., Pt. I] may, by order in writing, establish a Court of Small Causes at any place within the territories under its administration beyond the local limits for the time being of the ordinary original civil jurisdiction of a High Court of Judicature established in a Presidency-town.

(2) The local limits of the jurisdiction of the Court of Small Causes shall be such as the State Government may define, and the Court may be held at such place or places within those limits as the State Government may appoint [For notifications issued under cl. (2) of s.5, see different local R. and O.]

[Subs. by the A.O.1937 for the original section.]

Section 6. Judge

When a Court of Small Causes has been established there shall be appointed, by order in writing, a Judge of the Court:

Provided that if the State Government so direct, the same person shall be the Judge of more than one such Court.]

Section 7. Appointment of times of sitting in certain circumstances

(1) A Judge who is the Judge of two or more such Courts may, with the sanction of the District Court, fix the times at which he will sit in each of the Courts of which he is Judge.

(2) Notice of the times shall be published in such manner as the High Court from time to time directs.

Section 8. Additional Judges

[Subs. by the A.O.1937 for the original sub-section.]

[(1) If the State Government so direct, there may be appointed, by order in writing, Additional Judges of a Court of Small Causes or of two or more such Courts.]

(2) [Subs. by Act 11 of 1915, s.2 and Sch. I, for "the Additional".] [An Additional] Judge shall discharge such of the functions of the Judge of the Court or Courts as the Judge may assign to him, and in the discharge of those functions shall exercise the same powers as the Judge.

(3) The Judge may withdraw from [Subs. by Act 11 of 1915, s.2 and Sch. I, for "the Additional"] [an Additional] Judge any business pending before him.

(4) When the Judge is absent, the [Ins. by s.2 and Sch. I, ibid] [senior] Additional Judge may discharge all or any of the functions of the Judge.

Section 9. [Repealed]

[Suspension and removal of Judges.] Rep. by the A.O.1937.

Section 10. Power to require two Judges to sit as a bench

The State Government, after consultation with the High Court, may, by order in writing, direct that two Judges of Courts of Small Causes or a Judge and an Additional Judge of a Court of Small Causes shall sit together for the trial of such class or classes of suits or applications cognizable by a Court of Small Causes as may be described in the order.

Section 11. Decision in case heard by a bench

(1) If two Judges, or a Judge and an Additional Judge, sitting together under the last foregoing section, differ as to a question of law or usage having the force of law, or in construing a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the High Court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of [See now ss.113 and 115 and the First Schedule, Order XLVI, of the Code of Civil procedure, 1908 (Act 5 of 1908)] Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference.

(2) If they differ on any matter other than a matter specified in sub-section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail.

(3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.

[This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom.6 of 1930), s.2.]

Section 12. Registrar

[Subs. by the A.O.1937 for the original sub-section which read:

"(1) The L.G. may appoint to a Court of Small Causes an officer to be called the Registrar of the Court."] [(1) There may be appointed to a Court of Small Causes an officer to be called the Registrar of the Court.]

(2) Where a Registrar is appointed, he shall be the chief ministerial officer of the Court.

(3) The State Government may, by order in writing, confer upon a Registrar, within the local limits of the jurisdiction of the Court, the jurisdiction of a Judge of a Court of Small Causes for the trial of suits of which the value does not exceed twenty rupees.

(4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order, direct.

[Sub-section (5), which read: "A Registrar may be suspended or removed from office by the L.G.", was rep. by the A O.1937.]