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PRESIDENCY SMALL CAUSE COURTS ACT, 1882
15 of 1882
An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns. (In its application to the State of Maharashtra) 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
STATEMENT OF OBJECTS AND REASONS M.G.G., Pt. V dated April 27,1961 p. 332 It is necessary that the tenant who is in arrears of rent should be given notice before legal action is taken against him. Provision to this effect has already been made in the Provincial Small Cause Courts Act, 1887 (vide Section 27-B of that Act. Similar provision is necessary in the Presidency Small Cause Courts Act, 1882, also. Hence this amending Bill. Dated the 2nd February, 1961 (Signed) R.K. MHALGI S.H.BELAVADI, Secretary Bombay, dated the 20th April, 1961 Maharashtra Legislative Assembly M.G.G. Pt. V dated June 15,1961 p.348 Section 11 of the Presidency Small Cause Courts Act, 1882, provides that in any case in which two or more judges sitting together are equally divided on any question the Chief Judge, if he be one of the Judges so differing or in his absence, the Judge, first in rank and precedence, of the Judges so differing, shall have a casting voice. This provision in practice 1 For Statement of Objects and Reasons, sec Gazette of India, 1880, Pt. V., p.376; for first Report of the Select Committee, sec ibid, 1881, Pt. V., p. 981, for further Report of the Select Committee sec ibid, 1882, Pt. V., p. 3; for proceedings in Council, sec 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. reduces the decision of the Bench, to a decision of a single Judge. It is, therefore, proposed to amend this section so as to provide that the point of difference shall be heard by one or more of the other Judges, and that point shall be decided according to the opinion of the majority of the Judges who have heard the case, somewhat on the lines of the provision in section 98 of the Code of Civil Procedure, 1908. It is also proposed to amend section 53 to provide, on the lines of the proviso to section 27-B of the Provincial Small Cause Courts Act, 1887, that any person claiming to be entitled to arrears of rent should give 15 days notice to the tenant making a demand of the said arrears before making an application to the Court for distress warrant Dated the 14th June 1961 (signed) SHANTILAL H. SHAH
By order and in the name of the Governor of Maharashtra B.P.DALAL, Secretary to the Government of Maharashtra, Law and Judiciary Department. Bombay, dated the 14th June 1961. M.G.G. Pt. V, dated October 31st, 1977 p. 436 Section 71 of the Presidency Small Cause Courts Act, 1882, as amended in its application to the State of Maharashtra, lays down the institution fees and section 72 of that Act lays down the process fees payable in the Small Cause Court at Bombay. The jurisdiction of this Court was limited to Rs. 3,000. When some additional jurisdiction was conferred on this Court by the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1975, section 72 was revised to meet the demand of process fees to be levied in respect of any claim. Recently, when provision is made by the Maharashtra Civil Courts (Enhancement of Pecuniary jurisdiction and Amendment) Act, 1977, to increase the ordinary pecuniary jurisdiction of the Court from Rs 3,000 to Rs. 10,000, section 71 is also amended to provide for the institution fees for all claims which may now come before this Court. This Court had always special scales of fees, which were different than those payable in other Civil Courts. It has been represented to Government that with the increase in jurisdiction, the parties will have to pay slightly more fees than what they were required to pay for similar claims in the Bombay City Civil Court, where fees are charged according to the provisions of the Bombay Court-fees Act, 1959. In order that the parties may not be burdened with any higher fees on account of alterations in the jurisdictions of the Courts in Greater Bombay and there should be uniformity in the fees charged in Civil Courts, Government has decided to amend the Presidency Small Cause Courts Act and the Court-fees Act to discontinue the special scales of fees in the Bombay Small Cause Court and to provide that in that Court also institution fees and process fees shall be charged as in other Civil Courts according to the provisions of the Bombay Court-fees Act, 1959. 2. The Bill is intended to achieve this object. S.G.PATIL,Nagpur, dated the 28th October Minister for Legislature Affairs. 1977 G.S.NANDE, Secretary, Nagpur, dated the 31st October 1977 Maharashtra Legislative Assembly M.G.G. Pt.V dated January 17,1980 p.27Appointments to the posts of Judges of the Small Causes Court at Bombay are made by promotion of Civil Judges (Senior and Junior Divisions) and Magistrates of the First Class, or by nomination from members of the Bar and Civil Judges (Senior and Junior Divisions) and Magistrates of the First Class. Under Article 235 of the Constitution of India, the power of appointment to the post of a Judge of the Bombay Small Causes Court, which is a post inferior to the post of a District Judge, by promotion, is vested in the High Court. Whereas, the power to make appointment to the said post by nomination is vested in the State Government under article 234. 2. Sections 7 and 8A of the Presidency Small Cause Courts Act, 1882 (XV of 1882), provide for appointment of Judges of the Small Cause Court by the State Government. There is no specific provision for appointment of Judges by promotion and regarding the authority by whom such appointments should be made. As desired by the High Court, in order to clarify the constitutional position and to make specific provision for appointment by promotion and that the authority of appointment of a Judge of the said Court by promotion vests in the High Court, it is proposed to amend the said sections 7 and 8A suitably in their application to the State of Maharashtra. 3. The Bill is intended to achieve the above objects.
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCE MENT
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 (44 and 45 Vict, c.58),1[* *] section 151, or the rights or liabilities of any person under any decree passed before that day.
SECTION 02: REPEAL OF ENACTMENTS
Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.
SECTION 03: AMENDMENTS OF ACTS
Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.
SECTION 04: 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 towns of Calcutta, Madras, or Bombay as the case may be,2[and the expression "Registrar" includes a Deputy Registrar].
CHAPTER 02: CONSTITUTION AND OFFICERS OF THE COURT
SECTION 05: 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.
SECTION 06: 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 28th day of December 1865, for such High Courts, and within the meaning of the 3[Code of Civil Procedure (XIV of1882)1[and to be a Court subordinate to the High Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (XVIII of 1879)], and the High Court shall have, in respect of the Small Cause Court the same powers as it has under the2[twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subjects to its appellate jurisdiction.]
SECTION 07: APPOINTMENT OF JUDGES
34[(1) There shall be appointed from time to time a Chief Judge of the Small Cause Court and as many other judges as the5[State] Government thinks fit].
6[(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].
SECTION 08: 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 1[State] Government may, from time to time, direct.
SECTION 09: PROCEDURE AND PRACTICE OF SMALL CAUSE COURT
4(1) The High Court may, from time to time, by rules, having the force of law, --
5[(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 1[(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.]
SECTION 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.
SECTION 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 ;1[and if the Court is equally divided, the Judges shall state the point upon which they differ, and the case shall then be 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].
SECTION 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 the1[State] Government.
SECTION 13: APPOINTMENT OF REGISTRAR AND OTHER OFFICERS
2There 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.]
SECTION 14: REGISTRAR MAY BE INVESTED WITH POWERS OF A JUDGE IN SUITS NOT EXCEEDING
[one hundred rupee]
The1[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 exceed3[one hundred 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.4 [* * * * *•]
SECTION 15: JUDGE OR OTHER OFFICER NOT TO PRACTICE 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, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) 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 03: LAW ADMINISTERED BY THE COURT
SECTION 16: QUESTION 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 04: JURISDICTION IN RESPECT OF SUITS
SECTION 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 or the time being of the ordinary original civil jurisdiction of the High Court.
SECTION 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 exceed1[ten 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:
2[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 reasons for such refusal]
[3[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.]
Explanation /:- When in any suit sum claimed is, by a set off admitted by both parties, reduced to a balance not exceeding 1[ten 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 2[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
SECTION 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.
SECTION 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 the4[State] Government;]
(c) suit 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 collusions 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;
(r) suits for the restitution of conjugal rights1[* * *] or for a divorce;
(s) suits for declaratory decrees;
(t) suits for possession of a hereditary office ;
(u) suits against Sovereign Princes or Rulling Chiefs, or against Ambassadors or Envoys of Foreign States;
(v) suits on any judgement of a High Court;
(vv) suits on the cognizance whereof by the Small Cause Court is barred by any law for the time being in force. The wards "far (he recovery of a wife"rcp. by Act 10 of 1914, s. 3 and Sch ff.
SECTION 19A: RETURN OF PLAINT
1Whenever 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 Code of Civil Procedure 2[XIV 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 3[XV 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.
SECTION 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 1[ten 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 or the subject-matter thereof may exceed3[ten 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.
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