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The Presidency Small Cause Courts Act, 1882

The Presidency Small Cause Courts Act, 1882

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Sections

1. Short title and Commencement.

Section 1

5. Courts of Small Causes established.

Section 5

6. Courts to be deemed under superintendence etc., of High Court.

Section 6

8. Rank and precedence.

Section 8

10. Chief Judge to distribute business of Court.

Section 10

11. Procedure in case of difference of opinion.

Section 11

12. Seal to be used.

Section 12

14. Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.

Section 14

15. Judge or other officer not to practise or trade.

Section 15

16. Questions arising in suits, etc. under Act, to be decided according to law administered by [Ahmedabad City Civil Court] .

Section 16

17. Local limits of jurisdiction of Court.

Section 17

18. Suits in which Court has jurisdiction.

Section 18

19. Suits in which Court has no jurisdiction.

Section 19

20. Court may by consent try suits beyond pecuniary limits of jurisdiction.

Section 20

21. Suits by and against officers of Court.

Section 21

24. No written statement except in cases of set-off.

Section 24

25. Return of documents admitted in evidence.

Section 25

26. Compensation payable by plaintiff to defendant in certain cases.

Section 26

27. Decree-holder to accompany officer executing warrant.

Section 27

28. Things attached to immovable property and removable by tenant to be deemed movable in execution.

Section 28

29. Discharge of judgement debt or on sufficient security.

Section 29

30. Court may in certain cases suspend execution of decree.

Section 30

31. Execution of decree of Small Cause Court by other Courts.

Section 31

32. Minors may sue in certain cases as if of full age.

Section 32

33. Power to delegate non-judicial duties.

Section 33

34. Registrar to hear and determine suits like a Judge.

Section 34

35. Registrar may execute all decrees with the same powers as a Judge.

Section 35

36. Decrees and orders of Registrar to be subject to new trial as if made by a Judge.

Section 36

37. General finality of decrees and orders of Small Cause Court.

Section 37

38. New trial of contested cases.

Section 38

41. Summons against person occupying property without leave.

Section 41

42. Service of summons.

Section 42

43. Order for possession.

Section 43

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.

Section 44

45. Applicant if entitled possession not be deemed trespasser for any error in proceedings. Occupant may sue for compensation.

Section 45

46. Liability of a applicant obtaining order when not entitled.

Section 46

47. Stay of proceedings on occupant giving security to bring suit against applicant.

Section 47

48. Proceedings to be regulated by Code of Civil Procedure.

Section 48

49. Recovery of possession no bar to suit to try title.

Section 49

50. Local extent of chapter, saving of certain rents.

Section 50

52. Appointees to be public servants.

Section 52

53. Application for distres.

Section 53

54. Issue of distress-warrant.

Section 54

55. Time for distress.

Section 55

56. What places bailiff may force open.

Section 56

57. Property which may be seized.

Section 57

58. Impounding distress.

Section 58

59. Inventory-Notice of intended appraisement and sale.

Section 59

60. Application to discharge or suspend warrant.

Section 60

61. Claim to goods distrained made by a stranger.

Section 61

62. Power to award compensation to debtor or claimant.

Section 62

63. Power to transfer [Ahmedabad City Civil Court] cases involving more than one thousand rupees.

Section 63

64. Appraisement, Notice of sale.

Section 64

65. Sale, Application of Proceeds.

Section 65

66. Costs of distresses.

Section 66

67. Amount of costs and proceeds.

Section 67

68. Bar of distresses except under this Chapter. Penalty for making illegal distresses.

Section 68

70. Security to be furnished on such reference by party against whom contingent Judgement given.

Section 70

73. Repayment of half fees, on settlement before hearing.

Section 73

74. Fees and costs of poor persons.

Section 74

75. Power to vary fees.

Section 75

76. Expense of employing legal practitioners.

Section 76

77. Sections 3, 5 and 25 of Court Fees Act, 1870, saved.

Section 77

79. Default of bailiff or other officer in execution of order or warrant.

Section 79

80. Extortion or default of Officers.

Section 80

81. Court empowered to summon witnesses, etc.

Section 81

82. Enforcement of order.

Section 82

87. Imprisonment or Committal of person refusing to answer or produce document.

Section 87

88. Appeal from orders under Section 87.

Section 87

89. Persons by whom process may be served.

Section 89

90. Registers and returns.

Section 90

91. Court to furnish records etc., called for by State Government or High Court.

Section 91

92. Holidays and vacations.

Section 92

93. Certain persons exempt from arrest by Court.

Section 93

94. No suit to lie upon decree of Court.

Section 94

95. Place of imprisonment.

Section 95

96. Tender in suit for anything done under Act.

Section 96

97. Limitation of prosecutions.

Section 97