act 009 of 1887 : Provincial Small Cause Courts Act, 1887

CHAPTER I

PRELIMINARY

CHAPTER II

CONSTITUTION OFCOURTS OF SMALLCAUSES

CHAPTER III

JURISDICTION OF COURTS OF SMALLCAUSES

CHAPTER IV

PRACTICE AND PROCEDURE

CHAPTER V

SUPPLEMENTAL PROVISIONS

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 except ¹[the territories which, immediately before the 1st November, 1956, were comprised in Part B States]; and

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

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".

Section 2.[Repealed.].

[Repeal.] Rep. partly by the Amending Act, 1891 (12 of 1891), s. 2 and the First Schedule and partly by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.

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-panchayats, under the provisions of the Madras Code, or of village-munsifs under the Dekkhan Agriculturists’ Relief Act, 1879 (17 of 1879); or

1. 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.

Section 5.Establishment of Courts of Small Causes.

(1) The State Government ¹*** 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.²

1. The words "with the previous sanction of the G. G. in C." rep. by Act 4 of 1914. s. 2 and the Schedule.

2. For notifications issued under cl. (2) of s. 5, see different local R. and O.

Section 6.Judge.

b@¹[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.]

1. Subs. by the A.O. 1937, for section 6.

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.

¹[(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) ²[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 ²[an Additional] Judge any business pending before him.
(4) When the Judge is absent, the ⁴[senior] Additional Judge may discharge all or any of the functions of the Judge.

1. Subs., ibid., for the sub-section (1).
2. Subs. by Act 11 of 1915, s. 2 and the First Schedule, for "the Additional".
3. Ins. by s. 2 and the First Schedule, ibid.

Section 9.[Repealed.].
[Suspension and removal of Judges.] Rep. by the A.O. 1937.

Section 10.Power to require two Judges to si t 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 1Chapter 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.

1. See now ss. 113 and 115 and the First Schedule, Order XLVI, of the Code of Civil Procedure, 1908 (Act 5 of 1908).

Section 12.Registrar.
¹12. Registrar.---²[(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.
³* * * * *

1. 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.
2. 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."
3. 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.

Section 13.[Repealed.].
[Other ministerial officers.] Rep. by the A.O. 1937.

Section 14.Duties of ministerial officers.
(1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other enactment for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs.
(2) The High Court may make rules consistent with this Act, and with any other enactment for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

Section 15.Cognizance of suits by Courts of Small Causes.
(1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes.
(2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of whi ch the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes.
(3) Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small Causes mentioned in the order.¹
STATE AMENDMENTS
Uttar Pradesh
Amendment of section 15 of Act No. IX of 1887.--In section 15 of the Provincial Small Cause Courts Act, 1887.--
(a) In sub-section (2) for the words "five thousand rupees" the words twenty five thousand rupees" shall be substituted.
(b) in the proviso to sub-section (2) for the words "twenty five thousand rupees" the words "one lakh rupees" shall be substituted.
[vide Uttar Pradesh Act 14 of 2015, s. 4]
Uttar Pradesh
Amendment of section 15 of Act No. 9 of 1887.--In section 15 of the Provincial Small Cause Courts Act, 1887,--
(a) in sub-section (2), for the words "one thousand rupees", the words "two thousand rupees" shall be substituted ;
(b) in sub-section (3) and in the proviso thereto for the words, "two thousand rupees" wherever they occur, the words "three thousand rupees" shall be substituted.
[vide Uttar Pradesh Act 57 of 1976, s 29.]
Uttar Pradesh
Amendment of section 15 of Act IX of 1887.-- In section 15 of the Provincial Small Cause Courts Act, 1887 for sub-section (2) and (3), the following sub-sections shall be substituted namely :--
"(2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a Civil nature of which the value does not exceed one thousand rupees shall be cognizable by a court of Small Causes.
(3) Subject as aforesaid, the State Government may, by order in writing direct that all suits of a civil nature of which the value does not exceed two thousand rupees shall be cognizable by a court of Small Causes mentioned in the order."
[vide Uttar Pradesh Act 14 of 1970, s. 5.]
Uttar Pradesh
Amendment of section 15 of Act IX of 1887.--In section 15 of the Provincial Small Cause Courts Act, 1887, as amended in its application to Uttar Pradesh, hereinafter referred to as the principal Act, in subsection (3), the following proviso shall be inserted, namely :--
"Provided that in relation to suits by the lessor for the eviction of a lessee from a building after the determination of his lease, or for recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use and occupation thereof after such determination of lease, the reference in this sub-section to two thousand rupees shall be constructed as as a reference to five thousand rupees.
Explanation.--For the purposes of this sub-section, the expression "building has the same meaning as in Article (4) in the Second Schedule."
[vide Uttar Pradesh Act 37 of 1972, s. 2]

1. For notifications issued under this section, see different local R. and O.

Section 16.Exclusive jurisdiction of Courts of Small Causes.
Save as expressly provided by this Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable.

Section 17.Application of the Code of Civil Procedure.
(1) ¹[The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall, save in so far as is otherwise provided by that Code or by this Act,] be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits:
Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give ²[such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed].
(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realized in manner provided by section ³[145] of the Code of Civil Procedure, ⁴[1908 (5 of 1908)].

1 Subs. by Act 1 of 1926, s. 2, for certain words.
2. Subs. by Act 9 of 1935, s. 2, for "security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct".
3. Subs. by Act 1 of 1926, s. 2, for "253".
4. Ins. by s. 2, ibid.

Section 18.Trial of suits by Registrar.
(1) Suits cognizable by the Registrar under section 12, subsections (3) and (4), shall be tried by him and decrees passed therein shall be executed by him, in like manner in all respects as the Judge might try the suits, and execute the decrees, respectively.
(2) The Judge may transfer to his own file, or to that of the Additional Judge if an Additional Judge has been appointed, any suit or other proceeding pending on the file of the Registrar.

Section 19.Admission, return and rejection of plaints by Registrar.
(1) When the Judge of a Court of Small Causes is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar may admit a plaint, or return or reject a plaint for any reason for which the Judge might return or reject it.
(2) The Judge may, of his own motion or on the application of a party, return or reject a plaint which has been admitted by the Registrar, or admit a plaint which has been returned or rejected by him:
Provided that where a party applies for the return or rejection or the admission of a plaint under this sub-section, and his application is not made at the first sitting of the Judge after the day on which the Registrar admitted, or returned or rejected, the plaint, the Judge shall dismiss the application unless the applicant satisfies him that there was sufficient caus e for not making the application at that sitting.

Section 20.Passing of decrees by Registrar on confession.
(1) If, before the date appointed for the hearing of a suit, the defendant or his agent duly authorised in that behalf appears before the Registrar and admits the plaintiff's claim, the Registrar may, if the Judge is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, pass against the defendant, upon the admission, a decree which shall have the same effect as a decree passed by the Judge.
(2) Where a decree has been passed by the Registrar under sub-section (1), the Judge may grant an application for review of judgment, and re -hear the suit, on the same conditions, on the same grounds and in the same manner as if the decree had been passed by himself.

Section 21.Execution of decrees by Registrar.
(1) If the Judge is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar may, subject to any instructions which he may have received from the Judge or, with respect to decrees or orders made by an Additional Judge, from the Additional Judge, make any orders in respect of applications for the execution of decrees and orders made by the Court of which he is Registrar, or sent to that Court for execution, which the Judge might make under this Act.
(2) The Judge, in the case of any decree or order with respect to the execution of which the Registrar has made an order under sub-section (1), or the Additional Judge, in the case of any such decree or order which has been made by himself and with respect to which proceedings have not been taken by the Judge under this sub-section, may, of his own motion, or on application made by a party within fifteen days from the date of the order of the Registrar or of the execution of any process issued in pursuance of that order, reverse or modify the order.
(3) The period of fifteen days mentioned in sub-section (2) shall be computed in accordance with the provisions of the ¹Indian Limitation Act, 1877 (15 of 1877), as though the application of the party were an application for review of judgment.

1. See now the Indian Limitation Act, 1963 (36 of 1963).

Section 22.Adjournment of cases by chief ministerial officer.
When the Judge of a Court of Small Causes is absent and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar or other chief ministerial officer of the Court may exercise from time to time the power which the Court possesses of adjourning the hearing of any suit or other proceeding, and fix a day for the further hearing thereof.

Section 23.Return of plaints in suits involving questions of title .
(1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title.
(2) When a Court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of ¹section 57 of the Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the ²Indian Limitation Act, 1877 (15 of 1877), be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction.

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10.
2. See now the Indian Limitation Act, 1963 (36 of 1963).

Section 24.Appeal from certain orders of Courts of Small Causes.
Where an order specified in ¹[clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of Civil Procedure, 1908 (5 of 1908),] is made by a Court of Small Causes, an appeal therefrom shall lie to the District Court ²]on any ground on which an appeal from such order would lie under that section].

1. Subs. by Act 9 of 1922, s. 5, for "section 588, clause ( 29), of the Code of Civil Procedure".
2. Ins. by s. 5, ibid.

Section 25.Revision of decrees and orders of Courts of Small Causes.
The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit.
STATE AMENDMENT
Uttar Pradesh
Amendment of Section 25 of Act IX of 1887.--In section 25 of principal Act, the following proviso thereto shall be inserted, namely :--
"Provided that in relation to any case decided by a District Judge or Additional District Judge exercising the jurisdiction of Judge of Small Causes, the power of revision under this section shall vest in the High Court."
[Vide Uttar Pradesh Act 37 of 1972, s. 3]

Section 26.[Repealed.].
[Amendment of the Second Schedule to the Code of Civil Procedure.] Rep. by the Presidency Small Cause Courts Law Amendment Act, 1888 (10 of 1888), s. 4.

Section 27.Finali ty of decrees and orders.
Save as provided by this Act, a decree or order made under the foregoing provisions of this Act by a Court of Small Causes shall be final.

Section 28.Subordination of Courts of Small Causes.
(1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the High Court, and shall--
(a) keep such registers, books and accounts as the High Court from time to time prescribes, and
(b) comply with such requisitions as may be made by the District Court, the High Court or the State Government for records, returns and statements in such form and manner as the authority making the requisition directs.
(2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an original suit of the value of five thousand rupees in that portion of the territories administered by the State Gove rnment in which the Court of Small Causes is established.

Section 29.Seal.
A Court of Small Causes shall use a seal of such form and dimensions as are prescribed by the State Government.

Section 30.Abolit ion of Courts of Small Causes.
The State Government may, by order in writing, ¹abolish a Court of Small Causes.

1. For instance of a notification abolishing a Court of Small Causes (Broach), see Bombay Govt. Gazette, 1907, Pt. 1. p. 339.

Section 31.Saving of power to appoint Judge of Court of Small Causes to other office.
(1) Nothing in this Act shall be construed to prevent ¹[the appointment of] a person who is a Judge or Additional Judge of a Court of Small Causes to be also a Judge of any other ²Civil Court or to be a Magistrate of any class or to hold any other public office.
(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall, subject to any rules which the State Government may make in this behalf, be deemed to be ministerial officers appointed to aid him in the disc harge of the duties of the other office.

1. Subs. by the A. O. 1937, for " the L. G. from appointing".
2. For instances of notifications issued under this power, see U. P. R. & 0.

Section 32.Application of Act to Courts invested with jurisdiction of Court of Small Causes.
(1) So much of Chapters III and IV as relates to--
(a) the nature of the suits cognizable by Courts of Small Causes,
(b) the exclusion of the jurisdiction of other Courts in those suits,
(c) the practice and procedure of Courts of Small Causes,
(d) appeal from certain orders of those Courts and revision of cases decided by them, and
(e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act,
applies to Courts invested by or under any enactment for . the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts.
(2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.

Section 33.Application of Act and Code to Court so invested as to two Courts.
A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the 1Code of Civil Procedure (14 of 1882), be deemed to be different Courts.

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Section 34.Modification of Code as so applied.
Notwithstanding anything in the last two foregoing sections,--
(a) when, in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, or
(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes,
the documents mentioned in ¹section 224 of the Code of Civil Procedure (14 of 1882) shall not be sent with the decree unless in any case the Court, by order in writing, requires them to be sent.

1. See now Order XXI, rule 6, ibid.

Section 35.Continuance of proceedings of abolished Courts.
(1) Where a Court of Small Causes, or a Court invested with the Jurisdiction of a Court of Small Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit.
(2) Nothing in this section applies to cases for which special provision is made in the 1Code of Civil Procedure (14 of 1882) as extended to Courts of Small Causes or in any other enactment for the time being in force.

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Section 36.[Repealed.].
[Amendment of Indian Limitation Act.] Rep.by the Indian Limitation Act, 1908 (9 of 1908), s. 32 and the Third Schedule.

Section 37.Publication of certain orders.
All orders required by this Act to be made in writing by the State Government shall be published in the Official Gazette.