The Presidency Small Cause Courts Act, 1882
PREAMBLE

SECTIONS


# THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882

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# ARRANGEMENT OF SECTIONS

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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 [Repealed.].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 [Repealed.].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 be decided according to law administered by High
Court.

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CHAPTER IV

JURISDICTION IN RESPECT OF SUITS

SECTIONS

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 [Repealed.]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.

Proviso.

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

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

41. Summons against person occupying property without leave.

42. Service of summons.

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SECTIONS

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.

Occupant may sue for compensation.

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.

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CHAPTER IX

REFERENCES TO HIGH COURT

SECTIONS

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.

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SECTIONS

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 FIRST SCHEDULE.—[Repealed.].

THE SECOND SCHEDULE. —[Repealed.].

THE THIRD SCHEDULE.—FORMS OF AFFIDAVIT, WARRANT, INVENTORY, ETC.

THE FOURTH SCHEDULE .—FEES FOR SUMMONSES AND OTHER PROCESSES.

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# THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882
 ACT NO. 15 OF 1882[1]

[17th March, 1882.]

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the

Presidency towns.

**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the**

Courts of Small Causes established in the towns of Calcutta, Madras and Bombay; It is hereby
enacted as follows:—

CHAPTER I

PRELIMINARY

**1. Short title. Commencement.—This Act may be called the Presidency Small Cause Courts Act,**

1882; and it shall come into force on the first day of July, 1882.

But nothing herein contained shall affect the provisions of the Army Act, [2]*** (44 & 45

Vict., c. 58) section 151, or the rights or liabilities of any person under any decree passed
before that day.

**2.** [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 _of_ 1938), _s._ 2 _and_

_Schedule._

**3. [Amendments of Acts.]—Rep. by s. 2 and Schedule, ibid.**

**4. “Small Cause Court” and “Registrar” defined.—In this Act, “the Small Cause Court”**

means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay,
as the case may be, [3][and the expression “Registrar” includes a Deputy Registrar].

CHAPTER II

CONSTITUTION AND OFFICERS OF THE COURT

**5. Courts of Small Causes established.—There shall be in each of the towns of Calcutta,**

Madras and Bombay a Court, to be called the Court of Small Causes of Calcutta, Madras or Bombay, as
the case may be.

**6. Court to be deemed under superintendence, etc., of High Court.—The** Small Cause Court

shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort
William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent,
respectively, dated the twenty eighth day of December, 1865, for such High Courts, and within the
meaning of the [4]Code of Civil Procedure (14 of 1882) [5][and to be a court subordinate to the High
Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the
High Court shall have, in respect of the Small Cause Court, the same powers as it has under the
twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject
to its appellate jurisdiction.

1. For first Report of the Select Committee, see Gazette of India, 1881, Pt. V, p. 381; for further Report of the Select Committee,

_see ibid.,_ 1882, Pt. V., p. 3; for Proceedings in Council, _see ibid.,_ Supplement, 1880, pp 1394 and 1433; _ibid.,_ 1882,
Supplement, p. 204; and ibid.. 1882, Extra Supplement, p.43.

This Act has been amended in its local application by Bengal Acts 4 of 1922 and 20 of 1932, Bombay Act 5 of 1933

and Madras Acts 5 of 1916, 3 of 1922 and 3 of 1927, in Bombay by Bombay Act 11 of 1959, in Madras by Madras Act
9 of 1960, in its application to the City of Ahmedabad by Gujarat Act 19 of 1961, in Maharashtra by Maharashtra Acts
35 of 1961, and 19 of 1976, in West Bengal by West Bengal Act 32 of 1969, in Gujarat by Gujarat Acts 28 of 1973 and
31 of 1973.

2. The figures “1881” rep. were by Act 12 of 1891, s. 2 and I Schedule.
3. Added by Act 3 of 1899, s. 2.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
5. Ins. by Act 1 of 1895, s. 2.

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1[7. Appointment of Judges.—There shall be appointed from time to time a Chief Judge of the Small

Cause Court and as many other Judges as the State Government thinks fit.]

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 7 of Act XV of 1882.—In the Presidency Small Cause Courts act, 1882 (XV**

of 1882), section 7 shall be renumbered as sub-section (1) of that section, and after sub-section (1) so
renumbered the following new sub-section shall be added, namely:-
“(2) The State Government may also appoint any person to be an additional Chief Judge; and the

Additional Chief Judge shall exercise such powers and perform such duties of the Chief Judge under this
Act or under any law for the time being in force as the State Government may direct.”

[Vide Bombay Act XV of 1966, s. 2]

**8. Rank and precedence of Judges.—The Chief Judge shall be the first of the Judges in rank and**

precedence.

The other Judges shall have rank and precedence as the State Government may, from time to time,

direct.

2[8A. Performance of duties of absent **Judge.—(1) During any absence of the Chief Judge or**

any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the
State Government may appoint any person, having [1][the requisite qualifications], to act as Chief
Judge or Judge of the said Court, as the case may be.

(2) Every person so appointed shall be authorised to perform the duties of the Chief Judge or a

Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting
as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting
Chief Judge or Judge, as the case may be.]

3[9. Procedure and practice of Small Cause Court.—(1) The High Court may, from time to time, by

rules having the force of law,—

(a) prescribe the procedure to be followed and the practice to be observed by the Small

Cause Court either in supersession of or in addition to any provisions which were prescribed
with respect to the procedure or practice of the Small Cause Court on or before the thirty-first
day of December, 1894, in or under this Act or any other enactment for the time being in
force; and

4[(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory

applications or matters; and]

(b) cancel or vary any such rule or rules.

Rules made under this section may provide, among other matters, for the exercise by one or more of

the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any
other enactment for the time being in force.

(2) The law, and any rules and declarations made, or purporting to be made, thereunder, with

respect to procedure or practice, in force or treated as in force in the Small Cause Court on the
thirty-first day of December, 1894, shall be in force, unless and until cancelled or varied by rules
made by the High Court under this section.]

1. Subs. by the A.O. 1937.
2. Subs. by Act 3 of 1899, s. 3, for section 8A.
3. Subs. by Act 1 of 1895, s. 5, for section 9.
4. Ins. by Act 3 of 1899, s. 4.

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**10. Chief Judge to distribute business of Court.—Subject** to such rules, the Chief Judge may,

from time to time, make such arrangements as he thinks fit for the distribution of the business of
the Court among the various Judges thereof.

**11. Procedure in case of difference of opinion.—Save** as hereinafter otherwise provided, when

two or more of the Judges sitting together differ on any question, the opinion of the majority shall
prevail; and if the Court is equally divided, the Chief Judge, if he is one of the Judges so differing,
or, in his absence, the Judge first in rank and precedence of the Judges so differing, shall have the
casting voice.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 11 of Act XV of 1882.—In section 11 of the Presidency Small Causes**

Courts Act, 1882 (hereinafter referred to as “the principal Act”), for the portion beginning with the
words “and if the Court is equally divided” and ending with the words “casting voice” the following
shall be substituted, namely:-
“and if the Court is equally divided, the Judged shall state the point upon which they differ,

and the case shall then to heard upon that point by another Judge nominated by the Chief Judge
and the point shall be decided, according to the opinion of the majority of the Judges, who have
heard the case, including those who first heard it.”

[Vide Maharashtra Act XXXV of 1961, s. 2]

**12. Seal to be used.—The** Small Cause Court shall use a seal of such form and dimensions as are for

the time being prescribed by the State Government.

1[13. Appointment of Registrar and other officers.—There shall be appointed an officer to be

called the Registrar of the Court who shall be the chief ministerial officer of the Court; there shall also be
appointed a Deputy Registrar and as many clerks, bailiffs and other ministerial officers as may be
necessary for the administration of justice by the Court and for the exercise and performance of the
powers and duties conferred and imposed on it by this Act or any other law for the time being in force.

The Registrar and other officers so appointed shall exercise such powers and discharge such duties, of

a ministerial nature, as the Chief Judge may, from time to time, by rule direct.]

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

**rupees.—The State Government may invest the Registrar with the powers of a Judge under this Act for**
the trial of suits in which the amount or value of the subject-matter does not exceed twenty rupees. And,
subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit,
transfer from his own file to the file of the Registrar any suit which the latter is competent to try.

2[Explanation.—For the purposes of this section an application for possession under section 41 shall

be deemed to be a suit.]

**15. Judge or other officer not to practise or trade.—No Judge or other officer appointed**

under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of
any other person, practise or act, either directly or indirectly, as an advocate, attorney, vakil or other legal
practitioner, or be concerned, either on his own account or for any other person, or as the partner of any
other person, in any trade or profession.

Any such Judge or officer so practising, acting or concerned shall be deemed to have committed an

offence under section 168 of the Indian Penal Code (45 of 1860).

1. Subs. by the A.O. 1937, for s. 13.
2. Added by Act 1 of 1895, s. 6.

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Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member

of any company incorporated or registered under Royal Charter, Letters Patent, [1][Act of Parliament of the
United Kingdom or Central Act or Provincial Act or [2][State Act]].

CHAPTER III

LAW ADMINISTERED BY THE COURT

**16. Questions arising in suits, etc., under Act to be decided according to law**

**administered by High Court.—All questions, other than questions relating to procedure or practice,**
which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and
determined according to the law for the time being administered by the High Court in the exercise of its
ordinary original civil jurisdiction.

CHAPTER IV

JURISDICTION IN RESPECT OF SUITS

**17. Local limits of jurisdiction of Court.—The local limits of the jurisdiction of each of**

the Small Cause Courts shall be the local limits for the time being of the ordinary original civil
jurisdiction of the High Court.

**18. Suits in which Court has jurisdiction.—Subject to the exceptions in section 19,**

the Small Cause Court shall have jurisdiction to try all suits of a civil nature —

when the amount or value of the subject-matter does not exceed two thousand rupees; and

(a) the cause of action has arisen, either wholly or in part, within the local limits of the

jurisdiction of the Small Cause Court, and the leave of the Court has, for reasons to be recorded
by it in writing, been given before the institution of the suit; or

(b) all the defendants, at the time of the institution of the suit, actually and voluntarily reside,

or carry on business or personally work for gain, within such local limits; or

(c) any of the defendants at the time of the institution of the suit, actually and

voluntarily resides, or carries on business or personally works for gain, within such local
limits, and either the leave of the Court has been given before the institution of the suit, or
the defendants who do not reside, or carry on business, or personally work for gain, as
aforesaid, acquiesce in such institution:

3[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the

Court refuses to give leave for the institution of the suit, it shall record in writing its reason for such
refusal.]

_Explanation I.—When_ in any suit the sum claimed is, by a set-off admitted by both parties, reduced to

a balance not exceeding two thousand rupees, the Small Cause Court shall have jurisdiction to try such
suit.

_Explanation II.—Where_ a person has a permanent dwelling at one place and also a lodging at

another place for a temporary purpose only, he shall be deemed to reside at both places in respect of
any cause of action arising at the place where he has such temporary lodging.

_Explanation III.—A_ Corporation or Company shall be deemed to carry on business at its sole

or principal office in [4][India], or, in respect of any cause of action arising at any place where it
has also a subordinate office, at such place.

1. Subs. by the A.O. 1950, for certain words.
2. Subs. by the A.O. (No. 2) 1956, for “Act of the Legislature of a Part A State or a Part C State”.
3. Added by Act 1 of 1895, s. 7.
4. Subs. by the A.O. (No. 2) 1956, for “a Part A State or a Part C State”.

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**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 18 of Act XV of 1882.—In section 18 of the Presidency Small Cause**

Court Act, 1882 (XV of 1882), in its application to the State of Maharashtra (hereinafter referred
to as the “Principal Act”) after the first proviso, the following proviso shall be, and shall be
deemed to have been, inserted with effect from the 3 [rd] July 1975, namely:-
“Provided further that the Chief Judge may, subject to the direction and control of the High

Court and to such conditions and limitations as he deems fit to impose, empower the Registrar to
entertain and dispose of applications for the purpose of giving such leave under clauses (a) and
(c) and, when so empowered, the Registrar shall be deemed to be the Court for that purpose.”

[Vide Maharashtra Act XXVI of 1987, s. 2]

**1[18A. Plaintiff may abandon suit against defendant resident out of jurisdiction.—The** Small

Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several
liability is alleged on a cause of action arising either wholly or in part within the local limits of the
jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on
business or personally work for gain within such local limits, and to sue for a decree against such
defendants only as do so reside, carry on business or personally work for gain.]

**19. Suits in which Court has no jurisdiction.—The** Small Cause Court shall have no jurisdiction

in—

(a) suits concerning the assessment or collection of the revenue;

2[(b) suits concerning any act done by or by order of the Central Government, 3*** or the State

Government;]

(c) suits concerning any act ordered or done by any Judge or judicial officer in the execution of his

office, or by any person in pursuance of any judgment or order of any Court or any such Judge or
judicial officer;

(d) suits for the recovery of immovable property;

(e) suits for the partition of immovable property;

(f) suits for the foreclosure or redemption of a mortgage of immovable property;

(g) suits for the determination of any other right to or interest in immovable property;

(h) suits for the specific performance or rescission of contracts;

(i) suits to obtain an injunction;

(j) suits for the cancellation or rectification of instruments;

(k) suits to enforce a trust;

(l) suits for a general average loss and suits on policies of insurance on sea going vessels;

(m) suits for compensation in respect of collisions on the high seas;

(n) suits for compensation for the infringement of a patent, copyright or trade-mark;

(o) suits for a dissolution of partnership or for an account of partnership-transactions;

(p) suits for an account of property and its due administration under the decree of the Court;

(q) suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise

of marriage;

1. Added by Act 1 of 1895, s. 8.
2. Subs. by the A.O. 1937.
3. The words “the Crown Representative” omitted by the A.O. 1950.

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(r) suits for the restitution of conjugal rights, [1]*** or for a divorce;

(s) suits for declaratory decrees;

(t) suits for possession of a hereditary office;

(u) suits against Sovereign Princes or Ruling Chiefs, or against Ambassadors or Envoys of Foreign

States;

(v) suits on any judgment of a High Court;

(w) suits the cognizance whereof by the Small Cause Court is barred by any law for the time being

in force.

**2[19A. Return of plaint.—Whenever the Court finds that for want of jurisdiction it cannot**

finally determine the question at issue in the suit, it may at any stage of the proceedings return the
plaint to be presented to a Court having jurisdiction to determine the question. When the Court so
returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the
3Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it may think
just, and the Court shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877) be
deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint
so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the
amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any
fees which according to the practice of the High Court are credited to the Government.]

**20. Court may by consent try suits beyond pecuniary limits of jurisdiction.—When the**

parties to a suit, which, if the amount or value of the subject-matter thereof did not exceed two
thousand rupees, would be cognizable by the Small Cause Court, have entered into an agreement in
writing that the Small Cause Court shall have jurisdiction to try such suit, the Court shall have
jurisdiction to try the same, although the amount or value of the subject-matter thereof may exceed
two thousand rupees.

Every such agreement shall be filed in the Small Cause Court, and, when so filed, the parties to

it shall be subject to the jurisdiction of the Court, and shall be bound by its decision in such suit.

**21. Suits by and against officers of Court.—All suits to which an officer of the Small Cause**

Court is, as such, a party, except suits in respect of property taken in execution of its process,
or the proceeds or value thereof [4][and all suits whereof the amount or value of the subjectmatter exceeds one thousand rupees] may be instituted in the High Court at the election of the
plaintiff as if this Act had not been passed.

**22. Costs when plaintiff sues in High Court in other cases cognizable by Small Cause**

**Court.—If any suit cognizable by the Small Cause Court other than a suit to which section 21**
applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a
suit founded on contract, a decree for any matter of an amount or value less than [5] [one
thousand] rupees, and in the case of any other suit a decree for any matter of an amount or
value of less than three hundred rupees, no costs shall be allowed to the plaintiff;

and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs

as between attorney and client.

The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it

was one fit to be brought in the High Court.

1. The words “for the recovery of a wife” rep. by Act 10 of 1914, s. 3 and II Schedule.
2.Added by Act 1 of 1895, s. 9.
3. See now the relevant provision of the Code of Civil Procedure, 1908 (Act 5 of 1908).
4. Ins. by Act 1 of 1895, s. 10.
5. Subs. by s. 11, ibid., for “two thousand”.

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CHAPTER V

PROCEDURE IN SUITS

**23. [Portions of Civil Procedure Code extending to Court.** ] Rep. by the Presidency Small

_Cause Courts Act, 1895,(1 of 1895), s. 12._

**24. No written statement except in cases of set-off.—Except in cases of set-off under the**

1Code of Civil Procedure (14 of 1882), section 111, no written statement shall be received
unless required by the Court.

**25. Return of documents admitted in evidence.—When** a period of eight days from the

decision of a suit has expired without any application for a new trial or re -hearing of such
suit having been made, or when any such application has been made within such period and
such application has been refused, or the new trial or re-hearing (as the case may be) has
ended, any person, whether a party to the suit or not, desirous of receiving back any
document produced by him in the suit and placed on the record, shall, unless the doc ument
is impounded under section 143 of the [1]Code of Civil Procedure (14 of 1882), be entitled to
receive back the same:

Provided that a document may be returned at any time before any of such events on such

terms as the Court may direct: provided also that no document shall be returned which, by
force of the decree, has become void or useless.

On the return of a document which has been admitted in evidence, a receipt shall be

given, by the party receiving it, in a receipt-book to be kept for the purpose.

**26. Compensation payable by plaintiff to defendant in certain cases.—In** any suit in which

the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for
the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay
to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit.

When any claim preferred, or objection made, under section 278 of the [3]Code of Civil

Procedure (14 of 1882), is disallowed, the Small Cause Court may in its discretion order the
person preferring or making such claim or objection to pay to the decree-holder, or to the
judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks
fit.

And when any claim or objection is allowed the Court may award such compensation by way

of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing
such compensation shall bar any suit in respect of injury caused by the attachment.

Any order under this section may, in default of payment of the amount payable thereunder, be

enforced by the person in whose favour it is made against the person against whom it is made as if it were
a decree of the Court.

**27. Decree-holder to accompany officer executing warrant.—Whenever the Small Cause**

Court issues a warrant for the arrest of a judgment-debtor on the attachment of his property, the
decree-holder, or some other person on his behalf, shall accompany the officer of the Court
entrusted with the execution of such warrant, and shall point out to such officer the judgment-debtor
or the property to be attached, as the case may be.

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

**in execution.—When** the judgment-debtor under any decree of the Small Cause Court is a tenant of
immovable property, anything attached to such property, and which he might before the termination of
his tenancy lawfully remove without the permission of his landlord, shall, for the purpose of the
execution of such decree [2][and for the purpose of deciding all questions arising in the execution of
such decree], be deemed to be movable property, and may, if sold in such execution, be severed by the

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Ins. by Act 4 of 1906, s. 2.

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purchaser, but shall not be removed by him from the property until he has done to the property
whatever the judgment-debtor would have been bound to do to it if he had removed such thing.

**29. Discharge of judgment-debtor on sufficient security.—Whenever any judgment-debtor,**

who has been arrested or whose property has been seized in execution of a decree of the Small
Cause Court, offers security to the satisfaction of such Court for payment of the amount which he
has been ordered to pay and the costs the Court, may order him to be discharged or the property to
be released.

**30. Court may in certain cases suspend execution of decree.—Whenever** it appears to the

Small Cause Court that any judgment-debtor under its decree is unable, from sickness, poverty or
other sufficient cause, to pay the amount of the decree, or, if such Court has ordered the same to be
paid in instalments, the amount of any instalment thereof, it may, from time to time, for such time
and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor,
or make such order as it thinks fit.

**31. Execution of decree of Small Cause Court by other Courts.—If the judgment-debtor under**

any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable
property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send
the decree for execution—

(a) in the case of execution against immovable property situate within such local limits—[1][to the

Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may
be];

(b) in all other cases—to any Civil Court within the local limits of whose jurisdiction such

judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found.

**Procedure when decree transferred.—The** procedure prescribed by the [2]Code of Civil Procedure

(14 of 1882) for the execution of decrees by Courts other than those which made them shall be the
procedure followed in such cases.

**32. Minors may sue in certain cases as if of full age.—Notwithstanding anything contained in**

the [2]Code of Civil Procedure (14 of 1882) as applied by this Act, any minor may institute a suit for any
sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the
Indian Contract Act, 1872 (9 of 1872), for wages or piecework or for work as a servant, in the same
manner as if he were of full age.

**33. Power to delegate non-judicial duties.—Any non-judicial or quasi-judicial act which**

the [2]Code of Civil Procedure (14 of 1882) as applied by this Act requires to be done by a Judge,
and any act which may be done by a Commissioner appointed to examine and adjust accounts
under section 394 of that Code as so applied, may be done by the Registrar of the Small Cause
Court or by such other officer of that Court as that Court may, from time to time, appoint in this
behalf.

The High Court may, from time to time, by rule, declare what shall be deemed to be non-judicial and

quasi-judicial acts within the meaning of this section.

**34. Registrar to hear and determine suits like a Judge.—The** suits cognizable by the Registrar

under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the
Court might hear and determine the same:

**Proviso.—Provided that, subject to the control of the Chief Judge, any Judge of the Court may,**

whenever he thinks fit, transfer to his own file any suit on the file of the Registrar.

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

receive applications for the execution of decrees of any value passed by the Court, and may commit and

1. Subs. by Act 7 of 1892, s. 12, for “to the high court”.
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

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discharge judgment-debtors, and make any order in respect thereof which a Judge of the Court might
make under this Act.

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

decree and order made by the Registrar in any suit or proceeding shall be subject to the same provisions
in regard to new trial as if made by a Judge of the Court.

1[CHAPTER VI

NEW TRIALS AND APPEALS

**37. General finality of decrees and orders of Small Cause Court.—Save** as otherwise provided by

this Chapter or by any other enactment for the time being in force, every decree and order of the Small
Cause Court in a suit shall be final and conclusive.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 37 of Act XV of 1882.—In section 37 of the Presidency Small Cause Courts**

Act, 1882 (XV of 1882), in its application to the State of Maharashtra (hereinafter to as “the principal
Act”), after the words “by this Chapter” the words “or by Chapter VII” shall be inserted.

[Vide Maharashtra Act XIX of 1976, s. 2]

**38. New trial of contested cases.—Where a suit has been contested, the Small Cause Court may,**

on the application of either party, made within eight days from the date of the decree or order in the
suit [not being a decree passed under section 522 of the [1]Code of Civil Procedure (14 of 1882)], order
a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks
reasonable, and may, in the meantime, stay the proceedings.

_Explanation.—Every suit shall be deemed to be contested in which the decree is made otherwise than_

by consent of or in default of appearance by the defendant.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 38 of Act XV of 1882.—In section 38 of the principal act,--**

(a) the Explanation shall be renumbered as Explanation 1;

(b) after Explanation I so renumbered, the following Explanation shall be added, namely:-
“Explanation 2.—Nothing contained in this section shall apply to suits under Chapter VII,”

[Vide Maharashtra Act XIX of 1976, s. 3]

**39. Removal of certain causes into High Court.—(1)** In any suit instituted in a Small Cause

Court in which the amount of value of the subject-matter exceeds the sum of one thousand rupees,
the defendant or any one of the defendants may, before the day fixed by the summons for the
appearance of the defendant or within eight days after the service of the summons on him, whichever
period shall last expire, apply ex parte on an affidavit setting forth the facts on which he relies for his
defence to a Judge of the High Court for an order removing the cause into the High Court.

2[(2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay,

the applicant shall be entitled to such order as of right:

Provided that the removal directed by such order shall, unless the Judge otherwise directs, be

conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be
prescribed in the order for the payment of the amount claimed and of the costs which may become
payable by him to the plaintiff in respect of the said suit.]

1. Subs. by Act 1 of 1895, s. 13, for Chapter VI.
2. Subs. by Act 4 of 1906, s. 3, for sub-section (2).

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(3) If the applicant fail or neglect to complete the required security (if any) within the prescribed time

(if any), the said order shall be discharged and the suit shall proceed in the Small Cause Court as if such
order had never been made.

(4) If the plaintiff in any case which has been removed under this section into the High Court has

abandoned a portion of his claim in order to be able to bring the suit within the jurisdiction of a Small
Cause Court, he shall be permitted to revive the portion of his claim so abandoned.

**40.** **Rules with respect to suits removed under the last foregoing section.—(1) When a suit**

has been removed into the High Court under the last foregoing section, it shall be heard and disposed of
by such Court in the exercise of its original jurisdiction, and the said Court shall have all the same powers
and jurisdiction in respect thereof as if it had been originally instituted such Court.

(2) In every suit so removed as aforesaid the affidavit filed under section 39, sub-section (1), shall be

treated as a written statement of the defendant tendered under section 110 of the [1]Code of Civil Procedure
(14 of 1882) unless the Court shall otherwise order.

(3) In every suit so removed as aforesaid credit shall be given to the plaintiff for the amount of the

court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to
the practice of the High Court are payable to the Government.]

CHAPTER VII

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

**41. Summons against person occupying property without leave.—When any person has had**

possession of any immovable property situate within the local limits, of the Small Cause Court’s
jurisdiction and of which the annual value at a rack-rent does not exceed [2][two] thousand rupees,
as the tenant, or by permission, of another person, or of some person through whom such other
person claims,

and such tenancy or permission has determined or been withdrawn,

and such tenant or occupier or any person holding under or by assignment from him (hereinafter called

the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf
by such other person,

such other person (hereinafter called the applicant) may apply to the Small Cause Court for a

summons against the occupant, calling upon him to show cause, on a day therein appointed, why he
should not be compelled to deliver up the property.

**42. Service of summons.—The** summons shall be served on the occupant in the manner

provided by the [1]Code of Civil Procedure (14 of 1882) for the service of a summons on a defendant.

**43. Order for possession.—If the occupant does not appear at the time appointed and show cause**

to the contrary, the applicant shall, if the Small Cause Court is satisfied that he is entitled to apply under
section 41, be entitled to an order addressed to a bailiff of the Court directing him to give possession of
the property to the applicant on such day as the Court thinks fit to name in such order.

_Explanation.—If the occupant proves that the tenancy was created or permission granted by virtue of_

a title which determined previous to the date of the application, he shall be deemed to have shown cause
within the meaning of this section.

**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.—Any such order**
shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before
the hour of six in the afternoon upon the property named therein, with such assistants, as he thinks
necessary, and giving possession of such property to the applicant; and no suit or prosecution shall be

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Subs. by Act 9 of 1912, s. 2, for “one”.

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maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid
was issued, or against any bailiff or other person by whom the same was executed, or by whom any such
summons as aforesaid was served, for the issue, execution or service of any such order or summons, by
reason only that the applicant was not entitled to the possession of the property.

**45. Applicant, if entitled to possession, not to be deemed trespasser for any error in**

**proceedings. Occupant may sue for compensation.—When the applicant, at the time of**
applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor
any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode
of proceeding to obtain possession thereunder, to be a trespasser; but any person aggrieved may bring a
suit for the recovery of compensation for any damage which he has sustained by reason of such error,
defect or irregularity:

when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the

amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to
the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his
opinion full costs should be awarded to the plaintiff.

**46. Liability of applicant obtaining order when not entitled.—Nothing herein contained**

shall be deemed to protect any applicant obtaining possession of any property under this Chapter from a
suit by any person deeming himself aggrieved thereby, when such applicant was not at the time of
applying for such order as aforesaid entitled to the possession of such property.

**Application for order in such case an act of trespass.—And when the applicant was not, at**

the time of applying for any such order as aforesaid, entitled to the possession of such property, the
application for such order, though no possession is taken thereunder, shall be deemed to be an act of
trespass committed by the applicant against the occupant.

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

**applicant.—Whenever on an application being made under section 41 the occupant binds himself, with**
two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the
value of the property and the probable costs of the suit next hereinafter mentioned, to institute without
delay a suit in the High Court against the applicant for compensation for trespass and to pay all the costs
of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant,
the Small Cause Court shall stay the proceedings on such application until such suit is disposed of.

If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the

order (if any) made under section 43.

Nothing contained in section 22 shall apply to suits under this section.

**48. Proceedings to be regulated by Code of Civil Procedure.—In all proceedings under**

this Chapter, the Small Cause Court shall, as far as may be and except as herein otherwise provided,
follow the procedure prescribed for a Court of first instance by the [1]Code of Civil Procedure (14 of 1882).

**49. Recovery of possession no bar to suit to try title.—Recovery of the possession of any**

immovable property under this Chapter shall be no bar to the institution of a suit in the High Court for
trying the title thereto.

**STATE AMENDMENT**

**Maharashtra**

**Substitution of Chapter VII of Act XV of 1882.—For Chapter VII of the principal Act, the**

following Chapter shall be substituted, namely:-
“CHAPTER VII

RECOVERY OF POSSESSION OF CERTAIN IMMOVABLE PROPERTY AND CERTAIN LICENCE FEES AND RENT.

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

16


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**“41.** **Suits or Proceedings between licensors and licenses or landlords and fenants for recovery of**
**possession of immovable property and licence fees or rent, except to those to which other Acts apply**
**to lie in Small Cause Court.—(1) Notwithstanding anything contained elsewhere in this Act or in any**
other law for the time being in force, but subject to the provisions of sub-section (2), the Court of Small
Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and
licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property
situated in Greater Bombay, or relating to the recovery of the licence fee or charges or rent therefore,
irrespective of the value of the subject matter of such suits or proceedings.

(2) Nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of

possession of any immovable property, or of licence fee or charges or rent thereof, to which the
provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of
1947), the Bombay Government Premises (Eviction) act, 1955 (Bom. II of 1956), the Bombay Muncipal
Corporation Act, the Bombay Housing Board Act, 1948 (Bom LXIX of 1948), or any other law for the
time being in force, applies.

**42. Appeal.—(1) An appeal shall lie from a decree or order made by the Small Cause Court**

exercising jurisdiction under section 41, to a bench of two Judges of the said Court, which shall not
include the Judge who made such decree or order:

Provided that, no such appeal shall lie from a decree or order made in any suit or proceeding in

respect of which no appeal lies under the Code of Civil Procedure, 1908 (V of 1908).

(2) Every appeal under sub-section (1) shall be made within thirty days from the date of the deree or

order, as the case may be.

Provided that, in computing the period, of limitation prescribed by this sub-section, the provisions

contained in section 4, 5 and 12 of the Limitation act, 1963 (XXX of VI of 1963),shall, so far as may be
apply.

(4) Where no appeal lies under sub-section from a decree or order in any suit or proceeding, the

bench of two Judges specified in sub-section (1) may, for the purpose of satisfying itself that the decree or
order was according to law, call for the case in which such decree or order was made and pass such order
with respect thereto as it thinks fit.

**43. Procedure.—In all suit, appeals and proceedings under this Chapter, the Small Cause Court shall**

as far as possible and except as herein otherwise provided, follow the procedure prescribed by the Code
of Civil Procedure, 1908 (V of 1908).

**44. Court fees.—The court fees leviable in suits, appeals and proceedings under this Chapter shall be**

the same as are chargeable under Chapter III of the Bombay Court-fees Act, 1959 (Bom. XXXVI of
1959), and the provisions of that Act shall apply to the recovery of such court-fees.

**45. Savings of suits involving title.—Nothing contained in this Chapter shall be deemed to bar a**

party to a suit, appeal or proceeding mentioned therein in which a question of title to any immovable
property arises and is determined, from suing in a competent court to establish his title to such property.

**46. Saving of pending proceedings.—(1) All suits and other proceedings cognizable by the Small**

Cause Court under this Chapter and pending in the high Court or the Bombay City Civil Court, on the
date of coming into force of the Presidency Small Cause courts (Maharashtra Amendment) act, 1975
(Mah. XIX of 1976), shall be continued and disposed of by the High Court or the City Civil Court, as the
case may be, as if this Act had not been passed.

(2) All applications and other proceedings filed in the Small Cause Court under this Chapter and

pending in that Court, on the date aforesaid, shall be continued and disposed of by the Small Cause Court,
as if this Act had not been passed.”

[Vide Maharashtra act XIX of 1976, s. 4]

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CHAPTER VIII

DISTRESSES

**50. Local extent of Chapter. Saving of certain rents.—This Chapter extends to every place**

within the local limits of the ordinary original civil jurisdictions of the High Courts of Judicature
at Fort William, Madras and Bombay. But nothing contained in this Chapter applies—

(a) to any rent due to Government;

(b) to any rent which has been due for more than twelve months before the application mentioned

in section 53.

1 [51. Appointment of bailiffs and appraisers.—Four or more persons shall be appointed

bailiffs and appraisers for the purposes of this Chapter.]

**52. Appointees to be public servants.—The persons so appointed [2]*** shall be deemed to be**

public servants within the meaning of the Indian Penal Code (45 of 1860).

**53. Application for distress-warrant.—Any person claiming to be entitled to arrears of rent of**

any house or premises to which this Chapter extends, or his duly constituted attorney, may apply to any
Judge of the Small Cause Court, or to the Registrar of the Small Cause Court, for such warrant as is
hereinafter mentioned.

The application shall be supported by an affidavit or affirmation to the effect of the form (marked A)

in the Third Schedule hereto annexed.

**STATE AMENDMEMT**

**Maharashtra**

**Amendment of section 53 of Act XV of 1882.—In section 53 of the principal Act,--**

(a) the first paragraph shall be numbered as sub-section (1) of that section and to sub-section (1)

as so numbered, the following proviso shall be added, namely:-
“Provided that before making an application such person shall give 15 days’ notice to the

person liable to pay the arrears of rent making a demand of the said arrears.”

(b) the second paragraph shall be numbered as sub-section (2) of that section and in sub-section (2) as so
numbered, after the words “The application” the words, brackets and figure “made under sub-section ()”
shall be inserted.

[Vide Maharashtra Act XXXV of 1961, s. 3]

**54. Issue of distress-warrant.—The Judge or Registrar may thereupon issue a warrant under his**

hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same
Schedule, addressed to any one of such bailiffs.

The Judge or Registrar may at his discretion, upon personal examination of the person applying for

such warrant, decline to issue the same.

**55. Time for distress.—Every distress under this Chapter shall be made after sunrise and before**

sunset, and not at any other time.

**56. What places bailiff may force open.—The bailiff directed to make the distress may force**

open any stable, outhouse or other building, and may also enter any dwelling-house, the outer door of
which may be open, and may break open the door of any room in such dwelling-house for the purpose of
seizing property liable to be seized under this Chapter:

Provided that he shall not enter or break open the door of any room appropriated for the _zenana or_

residence of women, which by the usage of the country is considered private.

1. Subs. by the A.O. 1937, for section 51.

2. Certain words omitted, ibid.

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**57. Property which may be seized.—In pursuance of the warrant aforeasaid, the bailiff shall seize**

the movable property found in or upon the house or premises mentioned in the warrant and belonging to
the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in
the bailiff’s judgment, be sufficient to cover the amount of the said rent, together with the costs of the said
distress:

Provided that the bailiff shall not seize—

(a) things in actual use; or

(b) tools and implements not in use, where there is other movable property in or upon the house or

premises sufficient to cover such amount and costs; or

(c) the debtor’s necessary wearing apparel; or

(d) goods in the custody of the law.

**58. Impounding distress.** —The bailiff may impound or otherwise secure the property so seized

in or on the house or premises chargeable with the rent.

**59. Inventory. Notice of intended appraisement and sale.—On seizing any property**

under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to
the effect of the form (marked C) in the third schedule hereto annexed to the debtor, or to any other
person upon his behalf in or upon the said house or premises.

**Copies of inventory and notice to be filed.—The bailiff shall, as soon as may be, file in the Small**

Cause Court copies of the said inventory and notice.

**60. Application to discharge or suspend warrant.—The debtor or any other person**

alleging himself to be the owner of any property seized under this Chapter, or the duly constituted
attorney of such debtor or other person, may, at any time within five days from such seizure, apply to any
Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such
Judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he
thinks just,

and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay

the rent due from him.

Upon any such application, the costs attending it and attending the issue and execution of the warrant

shall be in the discretion of the Judge, and shall be paid as he directs.

**61. Claim to goods distrained made by a stranger.** —If any claim is made to, or in respect

of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person
not being the debtor, the Registrar of the Small Cause Court, upon the application of the bailiff who
seized the property, may issue a summons calling before the Court the claimant and the person who
obtained the warrant.

And thereupon any suit which may have been brought in the High Court in respect of such claim shall

be stayed, and any Judge of the High Court, on proof of the issue of such summons and that the property
was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of
such summons.

And a Judge of the Small Cause Court shall adjudicate upon such claim and make such order between

the parties in respect thereof and of the costs of the proceedings as he thinks fit;

and such order shall be enforced as if it were an order made in a suit brought in such Court.

The procedure in Small Cause Courts in cases under this section shall conform, as far as may be, to the

procedure in an ordinary suit in such Courts.

**62. Power** **to award compensation to debtor or claimant.** —In any case under section 60

or section 61 the Judge by whom the case is heard may award such compensation by way of damages to
the applicant or claimant (as the case may be) as the Judge thinks fit,

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and may for that purpose make any inquiry he thinks necessary;

and the order of the Judge awarding or refusing such compensation shall bar any suit for the recovery

of compensation for any damage caused by the distress.

**63. Power to transfer to High Court cases** **involving more than one thousand**

**rupees.—In any case under section 60 or section 61, if the value of the subject-matter in dispute exceeds**
one thousand rupees, the applicant or claimant may apply to the High Court to transfer the case to itself,
and the High Court, on being satisfied that it is expedient that the case should be disposed of by itself,
may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in
the case by a Judge of the Small Cause Court, and may make such order therein as the High Court thinks
fit.

Every application under this section shall be made within seven days from the date of the seizure of

the subject-matter in dispute.

In granting applications under this section, the High Court may impose such terms as to

payment of, or giving security for, costs or otherwise as it thinks fit.

The procedure in cases transferred under this section shall conform, as far as may be, to the

procedure in suits before the High Court in the exercise of its ordinary original civil jurisdiction;
and orders made under this section may be executed as if they were made in the exercise of such
jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the
recovery of compensation for any damage caused by the distress which gave rise to the case
wherein such order was made.

**64. Appraisement.—In default of any order to the contrary by a Judge of the Small Cause**

Court or by the High Court, any two of the said bailiffs may, at the expiration of five days from a
seizure of property under this Chapter, appraise the property so seized, and give the debtor notice
in writing to the effect of the form (marked D) in the third schedule hereto annexed.

**Notice of sale.—The bailiffs shall file in the Small Cause Court a copy of every notice given under**

this section.

**65. Sale. Application of proceeds.—In default of any such order to the contrary, the**

distrained property shall be sold on the day mentioned in such notice, and the said bailiffs shall,
on realizing the proceeds, pay over the amount thereof to the Registrar of the Small Cause Court;
and such amount shall be applied first in payment of the costs of the said distress and then in
satisfaction of the debt; and the surplus, if any, shall be returned to the debtor:

Provided that the debtor may direct that the sale shall take place in any other manner, first giving

security for any extra costs thereby occasioned.

**66. Costs of distresses.—No costs of any distress under this Chapter shall be taken or demanded**

except those mentioned in the part (marked E) of the third schedule hereto annexed.

1*   -   -   -   
**67. Account of costs and proceeds.—The Registrar of the Small Cause Court shall keep a**

book in which all sums received as costs upon distresses made under this Chapter, and all sums
paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such
distresses, shall be duly entered.

He shall also enter in the said book all sums realised by sale of the property distrained and paid over

to landlords under the provisions of this Chapter.

**68. Bar of distresses except under this Chapter.—No distress shall be levied for arrears of rent**

except under the provisions of this Chapter;

1. Second paragraph Rep. by the A.O. 1937.

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**Penalty for making illegal distresses.—and any person, except a bailiff appointed under**

section 51, levying or attempting to levy any such distress, shall, on conviction before a
Presidency Magistrate, be liable to be punished with fine which may extend to five hundred
rupees and with imprisonment for a term which may extend to three months, in addition to any
other liability he may have incurred by his proceedings.

CHAPTER IX

REFERENCES TO HIGH COURT

1[69. Reference when compulsory.—(1) If two or more Judges of the Small Cause Court sit

together in any suit, or in any proceeding under Chapter VII of this Act, and differ in their
opinion as to any question of law or usage having the force of law or the construction of a
document, which construction may affect the merits, or

if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds

five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and
either party so requires,

the Small Cause Court shall draw up a statement of the facts of the case and the point on which

there is a difference of opinion or on which doubt is entertained, and refer such statement with its
own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621
of the [2]Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply
as if such reference had been made under section 617 of the said Code.

(2) When the Small Cause Court refers any question for the opinion of the High Court as provided in

sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 69 of Act XV of 1882.—In section 69 of the principal Act, in sub-section**

(1), the words and figures “Chapter VII of “ shall be deleted.

[Vide Maharashtra act XIX of 1976, s. 5]

**70. Security to be furnished on such reference by party against whom contingent judgment**

**given.—When** judgment is given under section 69 contingent upon the opinion of the High Court, the
party against whom such judgment is given shall at once furnish security, to be approved by the
Small Cause Court, for the costs of the reference to the High Court and for the amount of such
judgment:

Provided that no security for the amount of such judgment shall be required in any case in which the

Judge who tried the case has ordered such amount to be paid into Court, and the same has been paid
accordingly.

**If no such security given, party to be deemed to have submitted to judgment.—Unless** such

security as aforesaid is at once furnished, the party against whom such contingent judgment has been
given shall be deemed to have submitted to the same.

CHAPTER X

FEES AND COSTS

**71. Institution-fee.—A** fee not exceeding—

(a) when the amount or value of the subject-matter does not exceed five hundred rupees—the

sum of two annas in the rupee on such amount or value,

1. Subs. by Act 4 of 1906, s. 4, for section 69.
2. See Now the Code of Civil Procedure, 1908 (Act 5 of 1908).

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(b) when the amount of value of the subject-matter exceeds five hundred rupees—the sum of

sixty-two rupees eight annas, and one anna in the rupee on the excess of such amount or value over
five hundred rupees,

shall be paid on the plaint in every suit, and every application under [1]*** section 41; and no such plaint or
application shall be received until such fee has been paid.

An additional fee of ten rupees shall be paid on the filing of every agreement under section 20.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 71 of Act XV of 1882.—In section 71 of the principal Act,--**

(a) for the words “A fee not exceeding” the words and figures “Save as otherwise provided

in section 44, a fee not exceeding” shall be substituted.

(b) for the portion beginning with the words “on the plaint in every suit,” and ending with

the words “until such fee has been paid,” the following shall be substituted, namely:-
“on the plaint in every suit, and no such plaint shall be received until such fee has been

paid.”

[Vide Maharashtra Act XIX of 1976, s. 6]

**72. Fees for processes.—The** fees specified in the third and fourth columns of the fourth schedule

hereto annexed shall be paid previous to the issue in any suit or in any proceeding under Chapter VII
of this Act of the processes, to which the said columns respectively relate, by the persons on whose
behalf such processes are issued, when the amount or value of the subject-matter exceeds the sum
specified in the first column, but does not exceed the sum specified in the second column of the said
schedule.

**STATE AMENDMENT**

**Maharashtra**

**Substitution of section 72 of Act XV of 1882.—For section 72 of the principal Act, the**

following section shall be substituted, namely:-
**“72. Fees for process.—The fees specified in the third and fourth columns of the Fourth**

Schedule hereto annexed shall be paid previous to the issue, in any suit or appeal or proceeding
under this Act, of the processes, to which the said columns respective relate, by the persons in
whose behalf such processes, to which the said columns respectively relate, by the persons in
whose behalf such processes are issued, when the amount or value of the subject-matter exceeds
the sum specified in the first column, but does not exceed the sum specified in the second column
of the said Schedule, When the amount or value of the subject-matter exceeds Rs. 3000; the
additional fees to be paid for summonses shall be at the rate of 10 paise for every Rs. 100 or part
thereof in excess of Rs. 3,000 and the additional fees to be paid for other processes shall be at the
rate of 40 paise for every Rs. 100 or part thereof in excess of Rs. 3000.”

[Vide Maharashtra Act XIX of 1976, s. 7]

**73. Repayment of half fees** **on settlement before hearing.—Whenever any such suit or**

proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to
that time shall be repaid by the Small Cause Court to the parties by whom the same have been
respectively paid.

3. The words and figures “section 38 or” rep. by Act 7 of 1896 .

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**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 78 of Act XV of 1882.—In Section 73 of the Presidency Small Cause**

Courts Act, 1882 (XV of 1882), shall be renumbered as sub-section (1) of that section, and in subsection (1) so renumbered after the words “have been respectively paid” the following proviso and
sub-section shall be inserted, namely:-
“Provided that no such fees shall be repaid if the amount of institution fee on the plaint or

application does not exceed five rupees or the claim for repayment is not made within one year from
the date on which the suit or proceeding was so settled.

(2) The State Government may, from time to time, by order, provide for repayment to the

plaintiffs, or applicant of any part of the fees paid on plaints or applications by them in suits or
proceedings, as the case may be, disposed of under such circumstances and subject to such conditions
as may be specified in the order.”

(2) For the marginal note to the said section 73, the following shall be substituted, namely:-
“Repayment of fees under certain circumstances.”

[Vide Bombay Act XLIV of 1955, s. 2]

**74. Fees and costs of poor persons.—The Small Cause Court may, whenever it thinks** fit, receive

and register suits instituted, and applications under section 41 made by poor persons, and may issue
processes on behalf of such persons, without payment or on a part-payment of the fees mentioned in
sections 71 and 72.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 74 of Act XV of 1882.—In section 74 of the principal Act,--**

(a) the words, figures and letter “and applications under section 41 made, and appeals under

section 42A made,” shall be deleted;

(b) for the words and figures “section 71 and 72” the words and figures “section 44, 71 and 72,”

shall be substituted.

[Vide Maharashtra Act XIX of 1976, s. 8]

**75. Power to vary fees.—The State Government may from time to time, by notification in** the Official

Gazette, vary the amount of the fees payable under sections 71 and 72:

Provided that the amount of such fees shall in no case exceed the amount prescribed by the said

sections.

**76. Expense of** **employing legal practitioners.—The expense of employing an advocate,** vakil,

attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in
any proceeding under Chapter VII of this Act, in the Small Cause Court, in which suit or proceeding
the amount or value of the subject-matter does not exceed twenty rupees, unless the[-]Court is of
opinion that the employment of such practitioner was under the circumstances reasonable.

**STATE AMENDMENT**

**Maharashtra**

**Amendment of section 76 of Act XV of 1882.—In section 76 of the principal Act,--**

(a) the words and figures “or in any application or appeal under Chapter VII of this Act,” shall

be deleted;

(b) the words “or application or appeal” shall be deleted.

[Vide Maharashtra Act XIV of 1976, s. 9]

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**77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved.—Nothing contained in** this Chapter shall

affect the provisions of sections 3, 5 and 25 of the Court-fees Act, 1870 (7 of 1870).

CHAPTER XI

MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS

**78. [Power to fine officers.] Rep. by the A.O. 1937.**

**79. Default of bailiff or other officer in execution of order or warrant.—If any clerk, bailiff**

or other inferior ministerial officer of the Small Cause Court who is employed as such in the
execution of any order or warrant, loses, by neglect, connivance or omission, an opportunity of
executing such order or warrant, he shall be liable, by order of the Chief Judge, on the application of
the person injured by such neglect, connivance or omission, to pay such sum, not exceeding in any
case the sum for which the said order or warrant was issued, as, in the opinion of the Chief Judge,
represents the amount of the damage sustained by such person thereby.

**80. Extortion or default of officers.—If any** clerk, bailiff or other inferior ministerial officer of

the Small Cause Court is charged with extortion or misconduct while acting under colour of its
process, or with not duly paying or accounting for any money levied by him under its authority, the
Court may inquire into such charge, and may make such order for the repayment or payment of any
money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such
officer, as it thinks fit.

**81. Court empowered to summon witnesses, etc.—For the purposes of** any inquiry under this

Chapter, the Small Cause Court shall have all the powers of summoning and enforcing the attendance
of witnesses and compelling the production of documents which it possesses in suits under this Act.

**82. Enforcement of order.—Any order under this Chapter for the payment or repayment of**

money may, in default of payment of the amount payable thereunder, be enforced by the person to
whom such amount is payable as if the same were a decree of the Small Cause Court in his favour.

CHAPTER XII

CONTEMPT OF COURT

**83. [Procedure of Court in certain cases of contempt.] Rep. by the Repealing and Amending Act, 1914**

(10 of 1914), s. 3 and II Schedule.

**84. [Record in such cases.] Rep. by s. 3 and II Schedule, ibid.**

**85. [Procedure where Court considers that case should not be dealt with under section 83.] Rep. by**

_s. 3 and II Schedule, ibid._

**86. [Discharge of offender on submission or apology.] Rep. by s. 3 and II Schedule, ibid.**

**87.** **Imprisonment or committal of person refusing to answer or produce document.—If any**

witness before the Small Cause Court refuses to answer such questions as are put to him, or to produce
any document in his possession or power which the Court requires him to produce, and does not offer any
reasonable excuse for such refusal, the Court may sentence him to simple imprisonment, or commit him
to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime
such person consents to answer such questions or to produce such document, as the case may be, after
which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of
section [1][480 or section 482 of the Code of Criminal Procedure, 1898[2] (5 of 1898)].

1. Subs. by Act 10 of 1914, s. 2 and I Schedule.
2. Now see Act 2 of 1974.

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**88.** **Appeal from orders under section 87.—Any person deeming himself aggrieved by an order**

under [1]*** section 87 may appeal to the High Court, and the provisions of the [1][Code of Criminal
Procedure, 1898[2] (5 of 1898)], relating to appeals shall, so far as may be, apply to appeals under' this
section.

CHAPTER XIII

MISCELLANEOUS

**89. Persons by whom process may be served.—Notices to produce documents, summonses to**

witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the Small Cause
Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general
or special order so directs, be served by such persons as the Court, from time to time, appoints in this
behalf.

**90. Registers and returns.—The Small Cause Court shall keep such registers, books and accounts,**

and submit to the High Court such statements and returns, as may, subject to the approval of the State
Government, be prescribed by the High Court.

**91. Court to furnish records, etc., called for by State Government or High Court.—The Small**

Cause Court shall comply with such requisitions as may, from time to time, be made by the State
Government or High Court for records, returns and statements in such form and manner as such
Government or Court, as the case may be, thinks fit.

**92. Holidays and vacations.—The Small Cause Court shall, at the commencement of each year,**

draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for the
approval of the State Government.

Such list, when it has received such approval, shall be published in the Official Gazette, and the said

holidays and vacations shall be observed accordingly.

**93. Certain persons exempt from arrest by Court.—The President** [2] ***, the Governors of

3[Madras], 4[Bombay and 5[West Bengal], 6*** 7*** and the Chief Justices and Judges of the High Courts
8***, shall not be liable to arrest by order of the Small Cause Court.

**94.** **No suit to lie upon decree of Court.—No suit shall lie on any decree of the Small Cause Court.**

**95. Place of imprisonment.—Any person ordered by the Small Cause Court to be imprisoned may be**

imprisoned in such place as the State Government, from time to time, appoints in this behalf.

**96. Tender in suit for anything done under Act.—If any person against whom any suit is brought**

for anything purporting to be done by him under this Act has, before the institution of the suit, tendered
sufficient amends to the plaintiff, the plaintiff shall not recover.

**97. Limitation of prosecutions.—All prosecutions for anything purporting to be done under this Act**

must be commenced within three months after the offence was committed.

1. The words and figures “section 83 or” rep. by Act 10 of 1914, s. 3 and II Schedule.
2. The words “and Members of his Council” rep. by the A.O. 1948.
3. Subs. by the A.O. 1948, for “Fort St. George”.
4. Subs. by Act 7 of 1912, s. 7 and the Schedule E, for “and Bombay”.
5. Subs. by A.O. 1948, for “Fort William in Bengal”.
6. The words “and the Members of their respective Councils” rep, by the A O.1937.
7. The words “the Lieutenant-Governor of Bengal” rep. by Act 7 of 1912, s. 7 and Schedule E.
8. The words and letter “for Part A States” omitted by the A.O. (No. 2) 1956.

25


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_THE FIRST SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2_

_and the Schedule._

26


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_THE SECOND SCHEDULE.—[Portions of Civil Procedure Code extending to Court.]_ _Rep. by the_

_Presidency Small Cause Courts_ _Act, 1895 (1 of 1895), s. 12._

27


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THE THIRD SCHEDULE

FORMS

A

[See section 53.]

_In the Small Cause Court for_

_A. B.______________ _(plaintiff),_

_Versus_

_C.D.________________ (Defendant),_

_A.B.,_ of______________, in the town of_______________, make oath [or affirms] and saith that

_C.D.______________, of________________,_ is justly indebted to_______________in the sum of
Rs._______________ for arrears of rent of the house and premises No.____________________, situated
at______________,  in the town of__________________, due for_______________  months, to wit
from____________ to____________, at the rate of Rs._____________ per mensem.

Sworn [or affirmed] before me the ______________day of_______________188.

_Judge [or Registrar]._

B

[See section 54.]

_In the Small Cause Court for_

FORM oF WARRANT

I hereby direct you to distrain the movable property of C.D., on the house and premises situate at

No.__________, in the town of _________, for the sum of __________ Rs. and the costs of the distress,
according to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.

Dated         day of       18  .

(Signed and sealed).

To E.F., Bailiff and Appraiser.

C

[See section 59.]

_In the Small Cause Court for_

FORM OF INVENTORY AND NOTICE

(State particulars of property seized.)

Take notice that I have this day seized the movable property contained in the above

inventory for the sum_________ Rs., being the amount of __________ month’s rent due to _A.B._ at
_________ last, and that unless you pay the amount thereof, together with the costs of this distress,
within five days from the date hereof, or obtain an order from one of the Judges or the
Registrar of the Small Cause Court to the contrary, the same will be appraised and sold
pursuant to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.
Dated  the       day of 18  .

(Signed) E.F.,

_Bailiff and Appraiser._

To C. D.

28


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D

[See section 64.]

_In the Small Cause Court for_

Take notice that we have appraised the movable property seized on the __________ day of

__________, under the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882, of
which seizure and property a notice and inventory were duly served upon you [or upon on your behalf, as
_the case may be]_ under date the __________, and that the said property will be sold on the __________

[two clear days at least after the date of the notice] at __________ pursuant to the provisions of the said
Act. Dated this __________ day of __________18

(Signed) E. F.,

_G. H.,_

_Bailiffs and Appraisers._

To C. D.

__________

E

[See section 66.]

_In the Small Cause Court for_

SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT

Sums sued for Affidavit and Order to sell Commission Total

warrant to distrain

Rs.    Rs. Rs.    A.    P. Rs.    A.    P. Rs.    A.    P. Rs.    A.    P.

1 and under  5. . . 0     4     0 0     8     0 0     8     0 1     4     0

5     ”    10 . . 0     8     0 0     8     0 1     0     0 2     0     0

10    ”    15 . . 0     8     0 0     8     0 1     8     0 2     8     0

15    ”    20 . . 0     8     0 1     0     0 2     0     0 3     8     0

20    ”    25 . . 0    12    0 1     0     0 2     8     0 4     4     0

25    ”    30 . . 1     0     0 1     0     0 3     0     0 5     0     0

30    ”    35 . . 1     0     0 1     0     0 3     8     0 5     8     0

35    ”    40 . . 1     0     0 1     8     0 4     0     0 6     8     0

40    ”    45 . . 1     4     0 2     0     0 4     8     0 7     12    0

45    ”    50 . . 1     8     0 2     0     0 5     0     0 8     8     0

50    ”    60 . . 2     0     0 2     0     0 6     0     0 10    0     0

60    ”    80 . . 2     8     0 2     8     0 6     8     0 11    8     0

80    to   100 . 3     0     0 3     0     0 7     0     0 13    0     0

Upwards of 100 . . 3     0     0 3     0     0 7  per centum. …

29

|Sums sued for|Affidavit and warrant to distrain|Order to sell|Commission|Total|
|---|---|---|---|---|
|Rs. Rs. 1 and under 5. . . 5 ” 10 . . 10 ” 15 . . 15 ” 20 . . 20 ” 25 . . 25 ” 30 . . 30 ” 35 . . 35 ” 40 . . 40 ” 45 . . 45 ” 50 . . 50 ” 60 . . 60 ” 80 . . 80 to 100 . Upwards of 100 . .|Rs. A. P. 0 4 0 0 8 0 0 8 0 0 8 0 0 12 0 1 0 0 1 0 0 1 0 0 1 4 0 1 8 0 2 0 0 2 8 0 3 0 0 3 0 0|Rs. A. P. 0 8 0 0 8 0 0 8 0 1 0 0 1 0 0 1 0 0 1 0 0 1 8 0 2 0 0 2 0 0 2 0 0 2 8 0 3 0 0 3 0 0|Rs. A. P. 0 8 0 1 0 0 1 8 0 2 0 0 2 8 0 3 0 0 3 8 0 4 0 0 4 8 0 5 0 0 6 0 0 6 8 0 7 0 0 7 per centum.|Rs. A. P. 1 4 0 2 0 0 2 8 0 3 8 0 4 4 0 5 0 0 5 8 0 6 8 0 7 12 0 8 8 0 10 0 0 11 8 0 13 0 0 …|


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The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim,

and witnesses have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid
for at four annas each, and twelve annas above that amount; and also where peons are kept in charge of
property distrained, four annas per day must be paid per man.

_______

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THE FOURTH SCHEDULE

[See section 72]

FEES FOR SUMMONSES AND OTHER PROCESSES

But does not exceed Fee for summons

Rs.

Rs.    A.    P.

10

0     2     0

20

0     4     0

50

0     8     0

100

1     0     0

200

1     4     0

300

1     8     0

400

1     12    0

500

2     0     0

600

2     4     0

700

2     8     0

800

2     12    0

900

3     0     0

1,000

3     4     0

1,100

3      6     0

1,200

3      8     0

1,300

3     10    0

1,400

3     12    0

1,500

3     14    0

1,600

4     0     0

1,700

4     2     0

1,800

4     4     0

1,900

4     6     0

2,000

4     8     0

_______

31

|When the amount or value of the subject- matter exceeds|But does not exceed|Fee for summons|Fee for other processes|
|---|---|---|---|
|Rs. 0 10 20 50 100 200 300 400 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900|Rs. 10 20 50 100 200 300 400 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000|Rs. A. P. 0 2 0 0 4 0 0 8 0 1 0 0 1 4 0 1 8 0 1 12 0 2 0 0 2 4 0 2 8 0 2 12 0 3 0 0 3 4 0 3 6 0 3 8 0 3 10 0 3 12 0 3 14 0 4 0 0 4 2 0 4 4 0 4 6 0 4 8 0|Rs. A. P. 0 2 0 0 4 0 0 8 0 1 0 0 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 7 0 0 8 0 0 9 0 0 10 0 0 10 8 0 11 0 0 11 8 0 12 0 0 12 8 0 13 0 0 13 8 0 14 0 0 14 8 0 15 0 0|


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