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The Presidency Small Cause Courts Act, 1882

Title Presidency Small Cause Courts Act, 1882
Chapter I Preliminary
1. Short title, Commencement
2. [Repealed]
3. [Repealed]
4. "Small Cause Court" and "Registrar" defined
Chapter II Constitution and Officers of The Court
5. Courts of Small Causes established
6. Court to be deemed under superintendence, etc., of High Court
7. Appointment of Judges
8. Rank and precedence of Judges
8A. Performance of duties of absent Judge
9. Procedure and practice of Small Cause Court
10. Chief Judge to distribute business of Court
11. Procedure in case of difference of opinion
12. Seal to be used
13. Appointment of Registrar and other officers
14. Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees
15. Judge or other officer not to practise or trade
Chapter III Law Administered by The Court
16. Questions arising in suits, etc., under Act to he decided according to law administered by High Court
Subject to Verification
Chapter IV Jurisdiction in Respect of Suits
17. Local limits of jurisdiction of Court
18. Suits in which Court has jurisdiction
18A. Plaintiff may abandon suit against defendant resident out of jurisdiction
19. Suits in which Court has no jurisdiction
19A. Return of plaint
20. Court may by consent try suits beyond pecuniary limits of jurisdiction
21. Suits by and against officers of Court
22. Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court
Chapter V Procedure in Suits
23. [Repealed]
24. No written statement except in cases of set-off
25. Return of documents admitted in evidence
26. Compensation payable by plaintiff to defendant in certain cases
27. Decree-holder to accompany officer executing warrant
28. Things attached to immovable property and removable by tenant to be deemed movable in execution
29. Discharge of judgment-debtor on sufficient security
30. Court may in certain cases suspend execution of decree
31. Execution of decree of Small Cause Court by other Courts
Procedure when decree transferred
32. Minors may sue in certain cases as if of full age
33. Power to delegate non-judicial duties
34. Registrar to hear and determine suits like a Judge
35. Registrar may execute all decrees with the same powers as a Judge
36. Decrees and orders of Registrar to be subject to new trial as if made by a Judge
Chapter VI New Trials and Appeals
37. General finality of decrees and orders of Small Cause Court
38. New trial of contested cases
39. Removal of certain causes into High Court
40. Rules with respect to suits removed under the last foregoing section
Chapter VII Certain Chapter A and Chapter B States
41. Summons against person occupying property without leave
42. Service of summons
43. Order for possession
44. Such order to justify bailiff entering on property and giving possession. Bar to proceedings against Judge or officer for issuing, etc., order or summons
45. Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings
46. Liability of applicant obtaining order when not entitled
Application for order in such case an act of trespass
47. Stay of proceedings on occupant giving security to bring suit against applicant
48. Proceedings to be regulated by Code of Civil Procedure
49. Recovery of possession no bar to suit to try title
Chapter VIII Distresses
50. Local extent of Chapter. Saving of certain rents
51. Appointment of bailiffs and appraisers
52. Appointees to be public servants
53. Application for distress-warrant
54. Issue of distress-warrant
55. Time for distress
56. What places bailiff may force open
57. Property which may be seized
58. Impounding distress
59. Inventory. Notice of intended appraisement and sale
Copies of inventory and notice to be filed
60. Application to discharge or suspend warrant
61. Claim to goods distrained made by a stranger
62. Power to award compensation to debtor or claimant
63. Power to transfer to High Court cases involving more than one thousand rupees
64. Appraisement
Notice of sale
65. Sale. Application of proceeds
66. Costs of distresses
67. Account of costs and proceeds
68. Bar of distresses except under this Chapter
Penalty for making illegal distresses
Chapter IX References to High Courts
69. Reference when compulsory
70. Security to be furnished on such reference by party against whom contingent judgment given
If no such security given, party to be deemed to have submitted to judgment
Chapter X Fees and Costs
71. Institution-fee
72. Fees for processes
73. Repayment of half-fees on settlement before hearing
74. Fees and costs of poor persons
75. Power to vary fees
76. Expense of employing legal practitioners
77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved
Chapter XI Misconduct of Inferior Ministerial Officers
78. [Repealed]
79. Default of bailiff or other officer in execution of order or warrant
80. Extortion or default of officers
81. Court empowered to summon witnesses, etc
82. Enforcement of order
Chapter XII Contempt of Court
83. [Repealed]
84. [Repealed]
85. [Repealed]
86. [Repealed]
87. Imprisonment or committal of person refusing to answer or produce document
88. Appeal from orders under section 87
Chapter XIII Miscellaneous
89. Persons by whom process may be served
90. Registers and returns
91. Court to furnish records, etc., called for by State Government or High Court
92. Holidays and vacations
93. Certain persons exempt from arrest by Court
94. No suit to lie upon decree of Court
95. Place of imprisonment
96. Tender in suit for anything done under Act
97. Limitation of prosecutions
The Schedules
Schedule I [Repealed]
Schedule II [Repealed]
Schedule III Forms of Affidavit, Warrant, Inventory, Etc
A. In the Small Cause Court for
B. Form of Warrant
C. Form of Inventory and Notice
D. In the Small Cause Court for
E. Scale of fees to be Levied in Distraints for House-Rent
Schedule IV Fees for Summonses and Other Processes

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