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The Presidency Small Cause Courts Act, 1882

Central

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

Act number
15 of 1882
Ministry
Ministry of Law and Justice
Department
Department of Justice
Enacted
17 Mar 1882
In force from
1 Jul 1882

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

104 sections

  1. Section 1Short title.
  2. Section 2[Repealed.].
  3. Section 3[Repealed.].
  4. Section 4“Small Cause Court” and “Registrar” defined.
  5. Section 5Courts of Small Causes established.
  6. Section 6Court to be deemed under superintendence, etc., of High Court.
  7. Section 7Appointment of Judges.
  8. Section 8Rank and precedence of Judges.
  9. Section 8APerformance of duties of absent Judge.
  10. Section 9Procedure and practice of Small Cause Court.
  11. Section 10Chief Judge to distribute business of Court.
  12. Section 11Procedure in case of difference of opinion.
  13. Section 12Seal to be used.
  14. Section 13Appointment of Registrar and other officers.
  15. Section 14Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.
  16. Section 15Judge or other officer not to practise or trade.
  17. Section 16Questions arising in suits, etc., under Act to he decided according to law administered by High Court.
  18. Section 17Local limits of jurisdiction of Court.
  19. Section 18Suits in which Court has jurisdiction.
  20. Section 18APlaintiff may abandon suit against defendant resident out of jurisdiction.
  21. Section 19Suits in which Court has no jurisdiction.
  22. Section 19AReturn of plaint.
  23. Section 20Court may by consent try suits beyond pecuniary limits of jurisdiction.
  24. Section 21Suits by and against officers of Court.
  25. Section 22Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.
  26. Section 23Repealed.
  27. Section 24No written statement except in cases of set-off.
  28. Section 25Return of documents admitted in evidence.
  29. Section 26Compensation payable by plaintiff to defendant in certain cases.
  30. Section 27Decree-holder to accompany officer executing warrant.
  31. Section 28Things attached to immovable property and removable by tenant to be deemed movable in execution.
  32. Section 29Discharge of judgment-debtor on sufficient security.
  33. Section 30Court may in certain cases suspend execution of decree.
  34. Section 31Execution of decree of Small Cause Court by other Courts.
  35. Section 32Minors may sue in certain cases as if of full age.
  36. Section 33Power to delegate non-judicial duties.
  37. Section 34Registrar to hear and determine suits like a Judge.
  38. Section 35Registrar may execute all decrees with the same powers as a Judge.
  39. Section 36Decrees and orders of Registrar to be subject to new trial as if made by a Judge.
  40. Section 37General finality of decrees and orders of Small Cause Court.
  41. Section 38New trial of contested cases.
  42. Section 39Removal of certain causes into High Court.
  43. Section 40Rules with respect to suits removed under the last foregoing section.
  44. Section 41Summons against person occupying property without leave.
  45. Section 42Service of summons.
  46. Section 43Order for possession.
  47. Section 44Such order to justify bailiff entering on property and giving possession.
  48. Section 45Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.
  49. Section 46Liability of applicant obtaining order when not entitled.
  50. Section 47Stay of proceedings on occupant giving security to bring suit against applicant.
  51. Section 48Proceedings to be regulated by Code of Civil Procedure.
  52. Section 49Recovery of possession no bar to suit to try title.
  53. Section 50Local extent of Chapter.
  54. Section 51Appointment of bailiffs and appraisers.
  55. Section 52Appointees to be public servants.
  56. Section 53Application for distress-warrant.
  57. Section 54Issue of distress-warrant.
  58. Section 55Time for distress.
  59. Section 56What places bailiff may force open.
  60. Section 57Property which may be seized.
  61. Section 58Impounding distress.
  62. Section 59Inventory.
  63. Section 60Application to discharge or suspend warrant.
  64. Section 61Claim to goods distrained made by a stranger.
  65. Section 62Power to award compensation to debtor or claimant.
  66. Section 63Power to transfer to High Court cases involving more than one thousand rupees.
  67. Section 64Appraisement.
  68. Section 65Sale.
  69. Section 66Costs of distresses.
  70. Section 67Account of costs and proceeds.
  71. Section 68Bar of distresses except under this Chapter.
  72. Section 69Reference when compulsory.
  73. Section 70Security to be furnished on such reference by party against whom contingent judgment given.
  74. Section 71Institution-fee.
  75. Section 72Fees for processes.
  76. Section 73Repayment of half-fees on settlement before hearing.
  77. Section 74Fees and costs of poor persons.
  78. Section 75Power to vary fees.
  79. Section 76Expense of employing legal practitioners.
  80. Section 77Sections 3, 5 and 25 of Court-fees Act, 1870, saved.
  81. Section 78[Repealed.].
  82. Section 79Default of bailiff or other officer in execution of order or warrant.
  83. Section 80Extortion or default of officers.
  84. Section 81Court empowered to summon witnesses, etc.
  85. Section 82Enforcement of order.
  86. Section 83[Repealed.].
  87. Section 84[Repealed.].
  88. Section 85[Repealed.].
  89. Section 86[Repealed.].
  90. Section 87Penalty for refusing to answer or produce document.
  91. Section 88Omitted.
  92. Section 89Persons by whom process may be served.
  93. Section 90Registers and returns.
  94. Section 91Court to furnish records, etc., called for by State Government or High Court.
  95. Section 92Holidays and vacations.
  96. Section 93Certain persons exempt from arrest by Court.
  97. Section 94No suit to lie upon decree of Court.
  98. Section 95Omitted.
  99. Section 96Tender in suit for anything done under Act.
  100. Section 97Limitation of prosecutions.
  101. Section 98Power of the High Court to make rules.
  102. Section 87AAdjudication of penalties.
  103. Section 87BAppeal.
  104. Section 87CAmount of penalty.