THE PROVINCIAL SMALL CAUSE COURTS
ACT, 1887.
(ActIXofl887)
[24th February, 1887]
(ActIXofl887)
[24th February, 1887]
An Act to consolidate
and amend the law relating to Courts of
Small Causes 2[ * * ::; ]
WHEREAS it is expedient to consolidate and amend Hie law relating to Courts of Small Causes 3[ * * * ]
It is hereby enacted as follows:—
Small Causes 2[ * * ::; ]
WHEREAS it is expedient to consolidate and amend Hie law relating to Courts of Small Causes 3[ * * * ]
It is hereby enacted as follows:—
CHAPTER-1
preliminary
1. (1) This Act may be called the Provincial Small Cause Courts Act, 1887.
(2) It extends to 4 [the- whole of Pakistan ]; 2nd
(3) it shall come into force on the first day of July, 1887.
2. [Repealed.] Rep. partly by the Amending Act, 1891 (XII of 1891) s. 2 and Sch. !., and partly by the Repealing Act, 1938 (/ of \ 938), s. 2 and Sck.
1.
For statement of Objects and Reasons, see Gazette
of India, 18S6, Pt V, p. S ; for Report °* the Select Committee, ,v« ibid 1887,
Pt. IV, p. 33; and for Pr,x.v. in Council sec ibij., 1885,
Supplement, pp. 8 and 9, ami ibid., 1887, pt. Vl, P. 25.
This Act has been declared to be in force in Baluchistan, by the British Baluchistan 'aw, Rca-ulation,1913 (2 of I913),s.3,
It has also been extended to the Leas d Area of Baluchistan, see is Leased (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, sc eGazette of India, 1937, pt. 1, p. 1499.
This Act repealed in its application to Karachi by the Karachi Small Causes (Court Act, 1929) but came into force by the Provincial Small Cause Courts (Amdt.) Ordinance, 1962 (LI of 1962), s.7 (with effect from the 7th June, 1962).
2. The words, "established beyond the presidency-towns", <"n ,,-J iv. A. O., 1949 Sch.
3. The words, "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 rmd at Madras and Bornbay, 6mitted ibid.
This Act has been declared to be in force in Baluchistan, by the British Baluchistan 'aw, Rca-ulation,1913 (2 of I913),s.3,
It has also been extended to the Leas d Area of Baluchistan, see is Leased (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, sc eGazette of India, 1937, pt. 1, p. 1499.
This Act repealed in its application to Karachi by the Karachi Small Causes (Court Act, 1929) but came into force by the Provincial Small Cause Courts (Amdt.) Ordinance, 1962 (LI of 1962), s.7 (with effect from the 7th June, 1962).
2. The words, "established beyond the presidency-towns", <"n ,,-J iv. A. O., 1949 Sch.
3. The words, "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 rmd at Madras and Bornbay, 6mitted ibid.
4.
Subs, by is Central L. a. w s (Statute Reform) Ordinance, 1960 (XXI of
1960), s.3 and 2nd Sch. (with effect from the 14tli October, 1955)
for “all the Provinces and she Capital of the Federation' which hid been
subs, by A.O.. 1 949, Arts 3 (2) and 4, for "the whole of British India”.
Provincial Small Cause Courts [1887-Act, IX]
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Savings.
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3. Nothing in
this Act shall he construed to affect—
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(a) any proceedings before or after decree in any
suit instituted before the commencement of this Act; or
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XVII of 1879. |
(b) the jurisdiction of a Magistrate under any law
for the time being in force with respect to debts or other claims of civil
nature, '[* * *], or of village-munsifs under the Dekkhan Agriculturists'
Relief Act, 1879 ; or
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XIV of 1882.
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(c) any local law or
any special law other than the 2Code of Civil Procedure.
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Definition.
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4. 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
Courts.
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CHAPTER-11
constitution of courts of small causes
constitution of courts of small causes
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Establishment of Courts of Small Causes. |
5. (1) Provincial
Government] 4[ * * *J may, by order in writing, establish a Court of Small
Causes at any place within, the territories under its administration 5[ * *
*].
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(2)
The local limits of
the jurisdiction of the Court of Small
Causes shall be such as the 3[Provincial Government ] may
define, and the Court may be held at such place or
places within those limits as the 3[Provincial
Government] may appoint.
1.
The words, "or of village munsifs or village-panchayats,
under the Provisions of ihe Madras Code" omitted by A.O. 1949, Sch.
2. Now the Code of Civil Procedure, 1908 (Act V of 1908).
3. Subs, by A.O. 1937. for "Local Government".
4. The words, "with the previous sanction of the G.G. in C." rep. by the Decentralization Act, 1914 (IV of 1914), s.2 and Sch., Pt.I.
2. Now the Code of Civil Procedure, 1908 (Act V of 1908).
3. Subs, by A.O. 1937. for "Local Government".
4. The words, "with the previous sanction of the G.G. in C." rep. by the Decentralization Act, 1914 (IV of 1914), s.2 and Sch., Pt.I.
5.
The words "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" omitted by A.O., 1949, Sch.
1887: Act,
IX]
Provincial
Small Cause Courts
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1[6. When a Court of
Small Causes has been established there shali be appointed, by order in
writing, a Judge of the Court:
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Judge.
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Provided that if the
Provincial Government so direct, the same person shall be the Judge
of more than one such Court.
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7. (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. |
Appointment of times
of sitting in certain circumstances.
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(2) Notice of the times
shall be published in such manner as the High Courts from time to time directs.
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8. 2[(1) If the Provincial 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.] |
Additional Judges.
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(2) 3[An Additional ]
Judge shall discharge such oi 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 Jf 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.
9. [Suspension and removal of Judges ] Rep. by A.O. 1937.
(3) The Judge may withdraw from Jf 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.
9. [Suspension and removal of Judges ] Rep. by A.O. 1937.
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10. The 5[Provincial .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. |
Power to require two
Judges to sit as a bench.
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1.
Subs, by A.O., 1937, for the original section.
2. Subs. ibid, the original sub-section.
3. Subs, by the Repealing and Amending Act, 1915 (XI of 1915 s. 2). and Sch. 1, for "the additional".
2. Subs. ibid, the original sub-section.
3. Subs, by the Repealing and Amending Act, 1915 (XI of 1915 s. 2). and Sch. 1, for "the additional".
4.
Ins. ibid.
5. Subs, by A.O.,1937,for "Local f Government".
5. Subs, by A.O.,1937,for "Local f Government".
Provincial
Small Cause Courts. [ 1887 : Act, IX
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Decision in case heard
by a bench.
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11. (1) If two Judges,
or a Judge and an Additional Judge, sittingtogether under the
last foregoing section, differ as to a question of law or uf age 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 'Chapter XLVI of the Code of Civil
Procedure shall apply to the reference.
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(2) If they differ on
any matter other than a matter specified in subsection (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 purpose of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.
(3) For the purpose of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.
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Register. |
12. 2[(1)
There may be appointed to a Court of Small Causes an officer to
be called the Registrar of the Court .]
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(2)
Where Registry is appointed, he shall
by in Chief of Ministerial Officer of the Court.
(3) The [Provincial 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 docs not exceed twenty rupees.
(4) The Registrar shall try such suits cognizable by him as the Judge may by general or special order, direct.
(5) 4[ * * * * * * *]
13. [Other ministerial officers. ] Rep. by A.O. 1937.
(3) The [Provincial 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 docs not exceed twenty rupees.
(4) The Registrar shall try such suits cognizable by him as the Judge may by general or special order, direct.
(5) 4[ * * * * * * *]
13. [Other ministerial officers. ] Rep. by A.O. 1937.
1. Now
the Code -of Civil Procedure, 1908 (Act V of 1908).
2. Subs, by A.O., 1937, for the original sub-section which read—(!)The Local Government may appoint to Court of small causes an officer to be the registrar of the Court.
3. Subs, by A.O., 1937, for "Local Government."
2. Subs, by A.O., 1937, for the original sub-section which read—(!)The Local Government may appoint to Court of small causes an officer to be the registrar of the Court.
3. Subs, by A.O., 1937, for "Local Government."
4.
Sub-Section (5), which read : 'A Registrar may be suspended or removed
from office by the Local Government", rep. ibid
1887 : Act, IX] Provincial Small Cause
Courts
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14. (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. |
Duties of minis-
terial officer.
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CHAPTER-111
jurisdiction of courts of small causes
jurisdiction of courts of small causes
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15. (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 acivi! nature of which the value does not exceed '[two thousand] rupees shall be cognizable by a Court of Small Causes' (3) Subject as aforesaid, 2[and subject to any directions which the Provincial Government may give in this respect, the High Court], may by order in writing, direct that all suits of a civil nature of which the value does not exceed 3[five thousand rupees] shall be co-gnizable by a Court of Small Causes mentioned in the order. |
Cognizance of suits by
Courts of small causes.
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16.
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 'he Court of Small Causes by which the suit is
triable.
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Exclusive juris-
diction of coart of small cases.
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1. Subs. for ["one
thousand]"by W.P. Ord. VIII of 1966 and Ordinance XII of 1972 The words in
crotchets were earlier subs, for five hundred ", by Ord. LI of 1962.
2.
Subs., for "Provincial Government ", by Ord. XII of 1922. and then
subs by W.P. Ord No VIII 1966.
3. Subs, ibid, fur "[two thousand ]". The words in crotchets were subs, by ord. LI of 1962, for one “thousand.”
3. Subs, ibid, fur "[two thousand ]". The words in crotchets were subs, by ord. LI of 1962, for one “thousand.”
Provincial Small Cause
Courts 1887:ACT,IX]
CHAPTER IV
PRACTICE AND PROCEDURE
CHAPTER IV
PRACTICE AND PROCEDURE
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Application of the code of Civil Procedure |
17. (1) The procedure
prescribed in the Code of Civil Procedure 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, 1[1908]. |
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Trial of suits by
Registrar.
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18.
(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. |
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Admission return and
rejection of plaints by registrar.
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19. (1) When the Judge
of a Court of Small Causes is absent, and 'I 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-eturn or reject it.
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1. Subs, by
the Small Cause Courts (Amendment of Immovable Property) Act, 1926 (lof
1926), s.2 for the original^ words. '
2. Subs, by the
Provincial Small Cause Courts (Amdt.) Act, 1935 (IX of 1935), s.2, for
"security to the satisfaction of the Court for the performance of the
decree or compliance with tie judgment, as the Court may direct".
3. Subs, by Act, I of 1926, s.2, for "253".
4. Ins. ibid., s.2.
3. Subs, by Act, I of 1926, s.2, for "253".
4. Ins. ibid., s.2.
1887: Act,
IX] Provincial Small Cause Courts
(2) The Judge may, of his own ration 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 cause for not making the application at that sitting.
(2) The Judge may, of his own ration 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 cause for not making the application at that sitting.
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20. (1) If, before the
date appointed for the hearing of a suit the
defendant or his agent duly authorized 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 riot 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. |
Passing of decrees by
Registrar on confession.
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(2) Where a decree has
been passed by the Registrar under subsection (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 hi '''self.
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21. (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 Addition Judge, from the Additional Judge make
any orders in respect of arm
lications 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. |
Execution of decrees
by Registrar.
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(2) The Judge, in the
case of any decree or order with respect to the execution
or 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 part v within fifteen days from the date of the order of the Registrar or the ex equation of any process issued in pursuance of that order reverse or modify the order.
Provincial Small Causes Courts. [1887: Act, IX
(3) The period of fifteen days mentioned in sub-section (2) shall be computed in accordance with the provisions of the Indian Limitation Act, 1877, as though the application of the party were an application for review of judgment.
proceedings have not been taken by the Judge under this sub-section may, of his own motion, or on application made by a part v within fifteen days from the date of the order of the Registrar or the ex equation of any process issued in pursuance of that order reverse or modify the order.
Provincial Small Causes Courts. [1887: Act, IX
(3) The period of fifteen days mentioned in sub-section (2) shall be computed in accordance with the provisions of the Indian Limitation Act, 1877, as though the application of the party were an application for review of judgment.
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Adjournment of cases
by chief ministerial officer
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22. 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.
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Return plaints in
suits involving questions of title.
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23. (1)
Notwithstanding any thing in the foregoing portion of in 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.
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(2) When a Court returns
a plaint under sub-section (1), it shall comply with the provisions of the
second paragraph of section 57 of the 2Code of Civil Procedure and make such
order with respect to costs as it deems just, and the Court shall, for the
purposes of the Indian Limitation Act, 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.
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Appeal from certain orders of courts of Small Causes. |
24. Where an order
specified in 3[clause (ff) or clause (/;) of
sub- section (1) of section 104 of the Code of Civil Procedure,
1908], is made by a Court of Small Causes, an appeal there from
shall lie to the District Court 4[on any ground on which an appeal from such
order would lie under that section].
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Revision of decrees
and orders of Courts of Small Causes.
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25. 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 is was according to law, may call for the case and pass such order
with respect thereto as it thinks fit.
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1. Mow
the Limitation Act, 1908 OX of 1908).
2. Now the Code of Civil Procedure, 1908 (Act V of 1908).
2. Now the Code of Civil Procedure, 1908 (Act V of 1908).
3. for "section
588, clause ) of the Code of Civil Procedure",
4. Ins. ibid
1887: Act, IX ] Provincial Small Canst- Courts .
26. [Amendment of the second schedule to the Code of Civil Procedure] Rep. by (he Presidency Small Cause Courts Law Amendment Act, 1888 (X of 1888), s.4
4. Ins. ibid
1887: Act, IX ] Provincial Small Canst- Courts .
26. [Amendment of the second schedule to the Code of Civil Procedure] Rep. by (he Presidency Small Cause Courts Law Amendment Act, 1888 (X of 1888), s.4
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27.
Save as provided by this Act, a decree or order made underthe
foregoing provisions of this
Act by a Court of Small Causes shall be final.
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Finality of decrees
and orders.
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1[27-A. (1) Any person
claiming to be entitled to arrears of rent of ( any house or
premises situate within the local Emits of the Court, Jurisdiction of which
the annual rent does not exceed 2[two thousand rupees] or, where the Court
is empowered under sub-section (3) of section 15, 3[five thousand rupees] may
apply to the Court for a distress warrant.
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Application for distress
warrant.
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(2) The
application shall be .supported
by a affidavit or affirmation to the effect of Form A given in the Third
Schedule.
(3) Nothing in this section; bail apply, to:
(a) any rent due to Government;-. tt
(b) any rent which. has been due months fore than twelve months before the application mentioned in sub-section (i ) is made.
(3) Nothing in this section; bail apply, to:
(a) any rent due to Government;-. tt
(b) any rent which. has been due months fore than twelve months before the application mentioned in sub-section (i ) is made.
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27-B. (1) The debtor
or any .person. alleging himself to be
the owner of any property, seized, under a section 27-A may, at any time within five days or such extended time as the Court may grant for reasons recorded in writing from such seizure, apply to the Court to discharge, or, suspend, the .warrant, or to release a distained article and "the -Vmay discharge or sus pend such warrant or release such article accordingly, upon such terms as it thinks just and rue Court may, m us discretion, give reasonable turn to the debtor to pay the rent due from him. |
Application to
discharge or suspend warrant.
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(2) Upon any such
application, the costs attending it and attending the issue and execution of
the warrant shall be in the discretion of the Court and shall be paid as the
Court directs].
1. Sections 27-Aand 27-B, ins. by the Provincial Small Cause Courts (Amdt.) Ordinance, 1962 (LI of 1962),s.3,
2.
Subs., for "one thousand ", by VV.p. Ordinance, VIII of Ow, urut Ord.
XII of 1972.
3. Subs., ihiti, for "two thousand."
3. Subs., ihiti, for "two thousand."
Provincial
Small Cause Courts. (1887 :Act,
IX
CHAPTER—V
SUPPLEMENTAL PROVISIONS
CHAPTER—V
SUPPLEMENTAL PROVISIONS
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Subordination of
Courts of Small Causes.
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28 (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—
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(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 Provincial 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
'[Provincial Government ] in which the Court of Small Causes is established.
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Power of District
Court to with draw and transfer casws.
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2[28-A-(l) Where a
District Court is satisfied that any particular suit cannot be adequately
tried by a Court of Small Causes it may withdraw such suit from that Court
and-
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(i)
try or dispose of that suit itself, or
(ii)
transfer such suit to another Court subordinate to the District
Court.
(2) Where any suit is so
withdrawn, the District Court or the Court to which such suit is
transferred shall try and dispose of the same as if such suit were not
cognizable by a Court of Small Causes].
1.
Subs. by A.O. 1937, for "Local Government"
2.
S.28-A ins by the Provincial Small Cause Courts (Amdt.) Ordinance, 1962 (LI of
1962).S.4
1887: Act,
IX] Provincial
Small Came
Courts 183
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29. A Court of Snail Causes
shall use a seal of such form5 and dimensions as are
prescribed by the [ Provincial Government].
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Seal.
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30. The '[ Provincial
Government] may, by order in writing, abolish a Court of Small Causes.
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Saving of power to
appoint judge of Court of Small Causes to other office.
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(2) When a Judge or
Additional Judge is so appointed, the ministerial officers of his Court shall,
subject to any rules which their [Provincial Government] may make in this
behalf, be deemed to be ministerial officers appointed to aid him in the
discharge of the duties of the other office.
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32.
(1) So much of Chapters HI and IV as relates to —
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Application of Act to
Courts invested with jurisdiction of Court of Small Causes.
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(a) the
nature of the suits cognizable by Courts of Small Causes,
(b) the exclusions 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 order subject to such appeal and revision as are provided by this Act,
(b) the exclusions 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 order 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 Snail Causes applies to suits instituted or proceedings , fiend
in those Courts before tin-date on which they were invested with that
jurisdiction.
1.
Subs. byA.O.1937,for"LocalGoveniment."
2.
Subs .Ibid or "the Local Government from appointing”
184 Provincial Small Cause Courts [1887 : Act, IX]
184 Provincial Small Cause Courts [1887 : Act, IX]
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Application of Act and
Code to Court so invested as to two Courts.
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33.
A Court invested with the jurisdiction of a Court of all 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,
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Modification of Code
as so applied.
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34.
Notwithstanding anything in the last two foregoing sections—
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(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, send, a decree for execution to itself as a ' Court invested with the jurisdiction of a Court of Small Causes,
the documents mentioned in section 224 of the 'Code of Civil Pro
cedure shall not be sent with the decree unless in any case the Court, x
by order in writing, requires them to be sent.
(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, send, a decree for execution to itself as a ' Court invested with the jurisdiction of a Court of Small Causes,
the documents mentioned in section 224 of the 'Code of Civil Pro
cedure shall not be sent with the decree unless in any case the Court, x
by order in writing, requires them to be sent.
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Continuance of
proceedings of abolished Courts.
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(1) Where a Court of
Small Causes, or a Court invested with its. 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.
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(2) Nothing in this
section applies to cases for which special provision is made in the Code of
Civil Procedure as extended to Courts of Small Causes or in any
other enactment for the time being in force.
36. [Amendment oj Indian Limitation ict.]Rep. /m /;V limitation Act, 1908 (IX of I908—).
36. [Amendment oj Indian Limitation ict.]Rep. /m /;V limitation Act, 1908 (IX of I908—).
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Publication of certain orders. |
37.
All orders required by this Act to be mad in writing by the [Provincial
Government] shall be published in the official Gazette.
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1. Now the
Code of Civil Procedure, 1908 (Act V of 1908).
2.
Subs, by X.O.. 1937, for "Local Government".
1887: Act, IX] Provincial Small Cause Courts
THE FJRST SCHEDULE.
[Enactments Repealed ]Rep. by the Amending Act, 1891
XII of 1891), s. 2 and Sch. I
THE SECOND SCHEDU LE.
SUIT EXCEPTED FROM THE COGNIZANCE OF A
COURT OF SMALL CAUSES.
(See section. 15)
1887: Act, IX] Provincial Small Cause Courts
THE FJRST SCHEDULE.
[Enactments Repealed ]Rep. by the Amending Act, 1891
XII of 1891), s. 2 and Sch. I
THE SECOND SCHEDU LE.
SUIT EXCEPTED FROM THE COGNIZANCE OF A
COURT OF SMALL CAUSES.
(See section. 15)
(1) A suit concerning
any act done or purporting to be done by or by order of the [Federal]
Government, the [Government] Representative or the Provincial Government]
(2) a suit concerning an
act purporting to be done by any person1 in pursuance of a judgment or order of
a Court or of a judicial officer acting in the execution of his office;
(3) a suit concerning an
act or order purporting to be done or made by any other officer of the
Government in his official capacity, or by a Court of Wards, or by an officer
of a Court of Wards in the execution of his office;
(4) a suit for the
possession of immovable property 4[ other than a suit for
ejectment of a tenant unless,, any other Court or officer has exclusive jurisdiction
in the matter] or for the recovery of an interest in such property;
(5) a suit for the partition of immovable property;
(5) a suit for the partition of immovable property;
(6) 4[except in the case
of simple mortgage], a suit by a mortgage of immovable property for the
foreclosure of the mortgage or for the sale of the -property, or by a mortgagor
of immovable property for the redemption of the mortgage;
(7) a suit for the
assessment, enhancement, abatement or apportionment of the rent of immovable
property ;
(8)
5[* .
*
* .
*
*
* *]
1.
Subs. by A.O. 1937, for the original paragraph.
2. Subs, for "Central" by P.O. 4 or 1975.
3. Subs, by A.O., 1961, Art. 2, for "Crown"' (with effect from the 23rd March, 1956),.
4. Ins. by the Provincial Small Cause Courts (Amdt) Ordinance, 1962 (LI of 1962), s.5.
2. Subs, for "Central" by P.O. 4 or 1975.
3. Subs, by A.O., 1961, Art. 2, for "Crown"' (with effect from the 23rd March, 1956),.
4. Ins. by the Provincial Small Cause Courts (Amdt) Ordinance, 1962 (LI of 1962), s.5.
5.
Para. (S) as amended by A.O., 1937, omitted, ibid.
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Provincial
Small Cause
Courts
1887: Act, IX
(9) a suit
concerning the liability of land to be assessed to land-revenue ;
(10) a suit to restrain waste:
(10) a suit to restrain waste:
(11) a suit for the
determination or enforcement of any other right to or interest in 0immovable
property;
(12) a suit for the
possession of an hereditary office or of an interest in such an office,
including a suit to establish an exclusive or periodically recurring right to
discharge the functions of an office;
(13) a suit to enforce
payment of the allowance or fees respectively called malikana and hakk,
or of cesses or other dues when the cesses or dues are payable to a
person by reason of his interest in immovable, property or in an hereditary
office or in a shrine or other religious institution ![ but nothing in this
article shall apply to any claim for money based on contract in writing];
(14) a suit to recover
from a person to whom compensation has been paid under the 2Land Acquisition
Act, 1870, the whole or any part of the compensation;
(15) a suit for the
specific performance or rescission of a contract;
(16) a suit for the
rectification or cancellation of an. instrument;
(17) a suit
to obtain an injunction;
(18) a suit 3fto enforce
a trust ], including a suit to make good out of the general estate of a
deceased trustee the loss occasioned by a breach of trust, and a suit by a
co-trustee to enforce against the estate of a deceased trustee a claim for
contribution;
(19) a suit for a
declaratory decree, not being a suit instituted under section 283 or section
332 of the 4Code of Civil Procedure:
20;
5[*
*
* *
*
*
*]
1.
Add. by the Provincial Small Cause Courts (Adrndt.) Ordinance, 1962 (Ll of
1962). a.5,
2. Now the Land Acquisition Act. 1894 (lof 1894).
3. Subs, by Ord. Ll of 1962. s.5. for "relating to a trust". /
4. Now the Code of Civil Procedure, 1908 (Act V of 1908).
5. Para. (20.) omitted by Ord. LI of 1962, s.5.
2. Now the Land Acquisition Act. 1894 (lof 1894).
3. Subs, by Ord. Ll of 1962. s.5. for "relating to a trust". /
4. Now the Code of Civil Procedure, 1908 (Act V of 1908).
5. Para. (20.) omitted by Ord. LI of 1962, s.5.
1887 : Act,
Ix] Provincial Small Cause
Courts
(21) a suit to set aside
an attachment l[ of immovable property] by a Court or a
revenue-authority, or a sale, mortgage, lease or other transfer J [of immovable
property] by a Court or a revenue- authority or by a guardian;
(22) a suit for property
which the plaintiff has conveyed while insane;
(23) a suit to alter or
set aside a decision, decree or order of a Court or of a person acting in a
judicial capacity;
(24) a suit
to contest an award:
(25)
2r * *
* * *
* .*i
(26)
-H
****** #1
(27) a suit under the
4[Indian Succession Act, 1865 section, 320 or section 321, or under the
4Probate and Administration Act, 1881, section 139 or section 140, to compel a
refund by a person to whom an executor or administrator has paid a legacy or
distributed assets;
(28) a suit for a legacy
or for the whole or a share of a residue bequeathed by a testator, or for the
whole or a share of the property of an intestate;
(29) a suit—
(a) for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution;
(b) for an account of partnership transactions; or
(c) for a balance of partnership-account, unless the balance has been struck by the parties or their agents:
(30) a suit for an account of property and for its due administration under decree;
(a) for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution;
(b) for an account of partnership transactions; or
(c) for a balance of partnership-account, unless the balance has been struck by the parties or their agents:
(30) a suit for an account of property and for its due administration under decree;
1. Ins. by ord No. LI of 1962.
2. Para.(25) Omitted, ibid,
3.
Para. (26) omitted, ibid.
4. Now the Succession Act, 1925 (XXXIX 1925).
Provincial Small Cause Courts [ 1887: Act, J X
(31) any other suit for an account, including as unit by a raort1 gag or, after the mortgage has been satisfied, to recover surplus collections received by the mortgage, and suit for the profits on immovable property[but not including suits for manse profits],belonging to the plaintiff which have been wrongfully received by the defendant;
4. Now the Succession Act, 1925 (XXXIX 1925).
Provincial Small Cause Courts [ 1887: Act, J X
(31) any other suit for an account, including as unit by a raort1 gag or, after the mortgage has been satisfied, to recover surplus collections received by the mortgage, and suit for the profits on immovable property[but not including suits for manse profits],belonging to the plaintiff which have been wrongfully received by the defendant;
(32) a suit for a
general average loss or for salvage;
(33) a suit for
compensation in respect of collision between ships;
(34) a suit on a policy
of insurance or for the recovery of any premium paid under any such policy;
(35)
a suit for compensation—
(a) for loss occasioned by the death of a person
caused by actionable wrong ;
(b) for wrongful arrest, restraint
or confinement;
(c) for
malicious prosecution;
(d) for libel;
(e) for
slander;
:
(/)
for adultery or seduction;
(g) for breach of contract of betrothal or promise
of marriage
(h) for inducing a person to break a contract made
with the plaintiff:
(/) for
obstruction of an easement or diversion of a water course ;
2[(ii)for an act which is. or, save for The provisions of Chapter IV of the Pakistan Penal Code would be, an offence punishable under Chapter XVII of the said Code;]
2[(ii)for an act which is. or, save for The provisions of Chapter IV of the Pakistan Penal Code would be, an offence punishable under Chapter XVII of the said Code;]
1. Ins. by
Ord. LI of 1962.
2
Sub-clause (II) fins. by the Provincial Small Cause Courts (Amdn. Act. 19H (VI
of 1914) s 2(1).
1887: Act
IX] Provincial
Small Cause
Courts
189
1[(j) for illegal,
improper or excessive distress, attachment or search, or for trespass committed
in, or damage caused by, the illegal or improper execution of any distress,
search or legal process ;]
(k) for improper arrest under Chapter XXXIV of the 2Code of Civil Procedure or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of "that Code; or
(1) for injury to the person in any case not specified in the foregoing sub-clauses of this clause;
(36) a suit by a Muhammadan for exigible (/mi ajjaf) or deferred (mu'wajjal) dower ;
(37) a suit for the restitution of conjugal rights, 3[* * *] for the custody of a minor, or for a divorce;
(k) for improper arrest under Chapter XXXIV of the 2Code of Civil Procedure or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of "that Code; or
(1) for injury to the person in any case not specified in the foregoing sub-clauses of this clause;
(36) a suit by a Muhammadan for exigible (/mi ajjaf) or deferred (mu'wajjal) dower ;
(37) a suit for the restitution of conjugal rights, 3[* * *] for the custody of a minor, or for a divorce;
(38) a suit relating to
maintenance 4[ except where a claim for maintenance is based on contract in
writing:]
(39) a suit for arrears
of land revenue, village-expenses or other sums payable to the representative
of a village-community or to his heir or other successor in title;
(40) a suit for profits
payable by the representative of a village-community or by his heir or other
successor in title after payment of land-revenue, village-expenses and other
sums;
(41) a suit for
contribution, by a sharer in joint property in respect of a payment made by him
of money due from a co-sharer, or by a manager of joint property, or a member
of an undivided family in respect of a payment made by him on account of the
property or family;
(42) a suit by one of
several joint mortgagors, of immovable property for contribution in respect of
money paid by him for the redemption of the mortgaged property;
1.
Subs, by .v.. X". VI •:, !')!4 s.2 (2), for the original item
(i).
2. Now the Code of Civil Procedure. 1908 (Act V of 1908).
3 The words "for the recovery of a wife" Ken. by the Renting and Amending Act, 1914 (X of 1914) s.3 and Sch. II.
4 Add. by the Provincial Small Cause Courts (Amdt) Ordinance. l%2 (LI of' 1962) 5.
2. Now the Code of Civil Procedure. 1908 (Act V of 1908).
3 The words "for the recovery of a wife" Ken. by the Renting and Amending Act, 1914 (X of 1914) s.3 and Sch. II.
4 Add. by the Provincial Small Cause Courts (Amdt) Ordinance. l%2 (LI of' 1962) 5.
Provincial
Small Cause Courts [ 1887: Act IX
(43) a suit against the
Government to recover money paid under protest in satisfaction of a claim made
by a revenue authority on account of an arrear of land-revenue or of a demand
recoverable as an arrear of land-revenue.
1f(43-A) a suit to
recover property obtained by an Act which is, or, save for the provisions of
Chapter IV of the Pakistan Penal Code, would be. an offence punishable under
Chanter XVII of the said Code:]
(44) a suit the
cognizance whereof by a Court of Small Causes is barred by am cna- tment for
the time being in force.
2f THIRD SCHEDULE
(See Section 27-A)
In the Court of Small
Cause
..........................
A.B. (Plaintiff)
Versus
CD. (defendant)
A.B. (Plaintiff)
Versus
CD. (defendant)
A.B. of.
.....................in the town of. ............. makes oath
(or affirms) and says that CD................. ,of
......................... is justly indebted to................ in
the sum of Rs......................... for, arrears of rent of the house and
premises No..................situate at........ in the
town of. ............ .due for............... .months, to with from....................
to......................... at the rate of Rs.................. .per
mensem.
Sworn or affirmed before me the ............ day of ...... 19 .Judge (or Registrar.]
Sworn or affirmed before me the ............ day of ...... 19 .Judge (or Registrar.]
1.
Para, (43-A) ins. by the Provincial Small Cause Courts (Amdt). Act, 1914 (VI of
1914). s.3.
2. The Third Schedule added by Ordinance U of 1962, s.6.
2. The Third Schedule added by Ordinance U of 1962, s.6.
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