Tamil nadu act 016 of 1956 : Presidency Small Cause Courts (Tamil Nadu Amendment) Act, 1956

Preamble

1Presidency Small Cause Courts (1[Tamil Nadu] Amendment) Act, 1956*

1[Tamil Nadu Act No. 16 of 1956]2[10th October, 1956]

An Act further to amend the Presidency Small Cause Courts Act, 1882, in its application to the 3[State of Tamil Nadu].

Whereas it is expedient further to amend the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882), in its application to the 3[State of Tamil Nadu] for the purpose hereinafter appearing;

Be it enacted in the Seventh Year of the Republic of India as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws, Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A, dated the 6th June, 1956, page 46.

3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Received the assent of the President on the 25th September, 1956; first published in the Fort St. George Gazette on the 10th October, 1956

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Presidency Small Cause Courts (1[Tamil Nadu] Amendment) Act, 1956.

(2) It extends to the whole of the 3[State of Tamil Nadu].

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws, Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Substitution, of new section for section 47 in Central Act XV of 1882

2. Substitution, of new section for section 47 in Central Act XV of 1882.- For section 47 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882), the following section shall be substituted, namely:-

"47. Stay of proceedings on occupant giving security to bring suit against applicant.- (1) Where on an application being made under section 41 the occupant, within a month from the service on him of the summons under section 42 or where the summons had not been personally served on him, within a month of his knowledge of the making of the application under section 41, enters into a bond as hereinafter provided to the satisfaction of the Small Cause Court, the Small Cause Court shall stay further proceedings on the application from the stage reached when the bond was accepted by the Small Cause Court.

(2) The occupant shall, by the bond aforesaid, bind himself, with two sureties, for such sum as the Small Cause Court thinks reasonable, having regard to the value of the property and the probable costs of the suit to institute, within a month from the date of the acceptance of the bond by the Small Cause Court, a suit in the High Court or in the City Civil Court, as the case may be, to establish es title to continue in possession of the property and in the event of such suit being dismissed, to pay, the applicant the cost that may be decreed to him in such suit.

(3) Where such suit is not instituted within a month of the date of the acceptance of the security by the Small Cause Court or where such suit having been instituted within the said period is dismissed, the Small Cause Court shall proceed with the application from the stage reached when security under sub-section (1) was accepted.

(4) A decree passed in such suit against the applicant shall supersede the order, if any, made under section 43.

(5) Nothing contained in section 22 shall-apply to suits under this section".

SECTIONS