What is the name of the Act enacted in 1887 to regulate Small Cause Courts beyond Presidency-towns?

The Provincial Small Cause Courts Act, 1887.

What is the Act number of The Provincial Small Cause Courts Act, 1887?

Act No. 9 of 1887.

On which date was The Provincial Small Cause Courts Act, 1887 enacted?

24th February, 1887.

What is the main objective of The Provincial Small Cause Courts Act, 1887?

To consolidate and amend the law relating to Courts of Small Causes established beyond Presidency-towns.

To which courts does The Provincial Small Cause Courts Act, 1887 apply?

Courts of Small Causes established beyond the Presidency-towns.

Beyond which jurisdictional limits are the Courts covered under this Act established?

Beyond the local limits of the ordinary original civil jurisdiction of certain High Courts.

Which High Courts are referred to in the Preamble of The Provincial Small Cause Courts Act, 1887?

The High Courts of Judicature at Fort William in Bengal, Madras, and Bombay.

What jurisdiction of the High Courts is mentioned in the Preamble of the Act?

The ordinary original civil jurisdiction of the High Courts.

What legislative purpose is indicated by the phrase “consolidate and amend” in the Preamble?

To bring existing laws together and modify them relating to Small Cause Courts beyond Presidency-towns.

CHAPTER-I

PRELIMINARY

What is the subject matter of Section 1 of the Provincial Small Cause Courts Act, 1887?

Title, extent and commencement of the Act.

What is the short title of the Act under Section 1(1)?

The Provincial Small Cause Courts Act, 1887.

Which provision of the Act provides for its short title?

Section 1(1) of the Provincial Small Cause Courts Act, 1887.

To what territory does the Provincial Small Cause Courts Act, 1887 extend?

It extends to the whole of India.

Which territories are excluded from the extent of the Provincial Small Cause Courts Act, 1887?

Territories which immediately before 1st November, 1956 were comprised in Part B States. (Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”)

Under which provision is the territorial extent of the Act prescribed?

Section 1(2) of the Provincial Small Cause Courts Act, 1887.

On what date did the Provincial Small Cause Courts Act, 1887 come into force?

1st July, 1887.

Which provision specifies the commencement of the Act?

Section 1(3) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 2 of the Provincial Small Cause Courts Act, 1887?

Repeal.

What is the present status of Section 2 of the Provincial Small Cause Courts Act, 1887?

It has been repealed.

By which Act was Section 2 of the Provincial Small Cause Courts Act, 1887 partly repealed?

The Amending Act, 1891 (12 of 1891).

Under which provision of the Amending Act, 1891 was Section 2 partly repealed?

Section 2 and the First Schedule of the Amending Act, 1891.

Which other Act partly repealed Section 2 of the Provincial Small Cause Courts Act, 1887?

The Repealing Act, 1938 (1 of 1938).

Under which provision of the Repealing Act, 1938 was Section 2 partly repealed?

Section 2 and the Schedule of the Repealing Act, 1938.

What is the subject matter of Section 3 of the Provincial Small Cause Courts Act, 1887?

Savings.

What is the effect of the savings clause under Section 3 of the Act?

It provides that certain existing proceedings, jurisdictions, and laws remain unaffected by the Act.

What proceedings are protected under Section 3(a) of the Provincial Small Cause Courts Act, 1887?

Any proceedings before or after decree in any suit instituted before the commencement of the Act.

Does the Act affect proceedings in suits instituted before its commencement?

No, proceedings before or after decree in such suits remain unaffected.

Which jurisdiction of Magistrates is preserved under Section 3(b) of the Act?

Jurisdiction of a Magistrate under any law in force relating to debts or other claims of a civil nature.

Which authorities’ jurisdiction under the Madras Code is preserved by Section 3(b)?

The jurisdiction of village-munsifs and village-panchayats.

Which authority’s jurisdiction under the Dekkhan Agriculturists’ Relief Act, 1879 is preserved?

The jurisdiction of village-munsifs.

Which Act is specifically mentioned in Section 3(b) regarding village-munsifs’ jurisdiction?

The Dekkhan Agriculturists’ Relief Act, 1879 (17 of 1879).

What type of laws remain unaffected under Section 3(c) of the Act?

Any local law or special law other than the Code of Civil Procedure (14 of 1882).

Does the Provincial Small Cause Courts Act, 1887 override local or special laws?

No, local or special laws remain unaffected except as otherwise provided.

What is the subject matter of Section 4 of the Provincial Small Cause Courts Act, 1887?

Definition of "Court of Small Causes".

What principle governs the interpretation of definitions under Section 4 of the Act?

Definitions apply unless there is something repugnant in the subject or context.

What does the term "Court of Small Causes" mean under Section 4 of the Provincial Small Cause Courts Act, 1887?

A Court of Small Causes constituted under this Act.

Does the definition of "Court of Small Causes" include persons exercising jurisdiction under the Act?

Yes, it includes any person exercising jurisdiction under this Act in such Court.

Under which provision is the definition of "Court of Small Causes" provided?

Section 4 of the Provincial Small Cause Courts Act, 1887.

CHAPTER-II

CONSTITUTION OF COURTS OF SMALL CAUSES

What is the subject matter of Section 5 of the Provincial Small Cause Courts Act, 1887?

Establishment of Courts of Small Causes.

Who has the power to establish a Court of Small Causes under Section 5(1) of the Act?

The State Government.

In what manner can the State Government establish a Court of Small Causes?

By an order in writing.

Where can a Court of Small Causes court be established under Section 5(1)?

At any place within the territories under the administration of the State Government beyond the local limits of the ordinary original civil jurisdiction of a High Court in a Presidency-town.

Beyond which jurisdiction must a Court of Small Causes be established under Section 5(1)?

Beyond the local limits of the ordinary original civil jurisdiction of a High Court of Judicature established in a Presidency-town.

Who determines the local limits of the jurisdiction of a Court of Small Causes?

The State Government.

Under which provision does the State Government define the local limits of jurisdiction of the Court?

Section 5(2) of the Provincial Small Cause Courts Act, 1887.

Where may a Court of Small Causes be held within its jurisdiction?

At such place or places within the defined limits as the State Government may appoint.

Who appoints the place or places where the Court of Small Causes may be held?

The State Government.

What is the subject matter of Section 6 of the Provincial Small Cause Courts Act, 1887?

Appointment of Judge of the Court of Small Causes.

What must be appointed when a Court of Small Causes has been established?

A Judge of the Court.

In what manner is the Judge of a Court of Small Causes appointed?

By an order in writing.

Who appoints the Judge of a Court of Small Causes?

The State Government.

What does the proviso to Section 6 of the Act provide?

The State Government may direct that the same person shall be the Judge of more than one Court of Small Causes.

What is the subject matter of Section 7 of the Provincial Small Cause Courts Act, 1887?

Appointment of times of sitting in certain circumstances.

When does Section 7 of the Act become applicable?

When a Judge is the Judge of two or more Courts of Small Causes.

Who may fix the times of sitting in each Court when a Judge presides over multiple Courts of Small Causes?

The Judge himself with the sanction of the District Court.

Whose sanction is required for fixing the times of sitting in multiple Courts of Small Causes?

The District Court.

What does Section 7(1) empower a Judge of multiple Courts of Small Causes to do?

To fix the times at which he will sit in each of those Courts.

What must be done after fixing the times of sitting under Section 7(1)?

Notice of the times must be published.

Who directs the manner in which notice of the times of sitting shall be published?

The High Court.

Under which provision is the manner of publication of notice of sitting times prescribed?

Section 7(2) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 8 of the Provincial Small Cause Courts Act, 1887?

Appointment and powers of Additional Judges.

Who has the power to appoint Additional Judges of a Court of Small Causes?

The State Government.

In what manner are Additional Judges appointed under Section 8(1)?

By an order in writing.

Can Additional Judges be appointed for more than one Court of Small Causes?

Yes, Additional Judges may be appointed for a Court of Small Causes or for two or more such Courts.

What functions does an Additional Judge perform under Section 8(2)?

Such functions of the Judge of the Court or Courts as may be assigned by the Judge.

What powers does an Additional Judge exercise while performing assigned functions?

The same powers as the Judge of the Court.

Who assigns functions to an Additional Judge under Section 8(2)?

The Judge of the Court.

Can the Judge withdraw business from an Additional Judge?

Yes, the Judge may withdraw any business pending before the Additional Judge.

Under which provision can the Judge withdraw pending business from an Additional Judge?

Section 8(3) of the Provincial Small Cause Courts Act, 1887.

Who may discharge the functions of the Judge when the Judge is absent?

The senior Additional Judge.

What functions may the senior Additional Judge perform in the absence of the Judge?

All or any of the functions of the Judge.

Under which provision is the senior Additional Judge empowered to act in the absence of the Judge?

Section 8(4) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 9 of the Provincial Small Cause Courts Act, 1887?

Suspension and removal of Judges.

What is the present status of Section 9 of the Provincial Small Cause Courts Act, 1887?

It has been repealed.

By which authority/order was Section 9 of the Provincial Small Cause Courts Act, 1887 repealed?

The Adaptation of Orders, 1937 (A.O. 1937).

What is the subject matter of Section 10 of the Provincial Small Cause Courts Act, 1887?

Power to require two Judges to sit as a bench.

Who has the power to direct that two Judges sit together in a Court of Small Causes?

The State Government.

What condition must be fulfilled before the State Government exercises the power under Section 10?

Consultation with the High Court.

In what manner must the State Government issue the direction under Section 10?

By an order in writing.

Which combinations of judicial officers may be directed to sit together under Section 10?

Two Judges of Courts of Small Causes or a Judge and an Additional Judge of a Court of Small Causes.

For what purpose may two Judges or a Judge and an Additional Judge sit together?

For the trial of specified classes of suits or applications cognizable by a Court of Small Causes.

Who determines the class or classes of suits or applications to be tried by such bench?

The State Government through the order.

What type of matters can be tried by such a bench under Section 10?

Suits or applications cognizable by a Court of Small Causes.

What is the subject matter of Section 11 of the Provincial Small Cause Courts Act, 1887?

Decision in case heard by a bench.

When does Section 11 of the Act apply?

When a case is heard by two Judges or by a Judge and an Additional Judge sitting together under Section 10.

What must the Judges do if they differ on a question of law or usage having the force of law?

They must draw up and refer the point for the decision of the High Court.

What must be prepared when Judges differ on a question of law under Section 11(1)?

A statement of the facts of the case and the point on which they differ.

To which authority is the reference made when Judges differ on a question of law?

The High Court.

Which matters of disagreement require reference to the High Court under Section 11(1)?

Questions of law, usage having the force of law, or construction of a document affecting the merits.

Which procedural law applies to references made under Section 11(1)?

Chapter XLVI of the Code of Civil Procedure, 1882.

What happens when the Judges differ on matters other than those specified in Section 11(1)?

The opinion of the senior Judge prevails.

How is seniority determined between two Judges under Section 11(2)?

By the date of appointment as Judge of a Court of Small Causes.

Whose opinion prevails if one member of the bench is an Additional Judge?

The opinion of the Judge sitting with the Additional Judge.

For the purpose of determining seniority, who is considered senior between a permanently appointed Judge and an officiating Judge?

A permanently appointed Judge is deemed senior to an officiating Judge.

Under which provision is the rule regarding seniority between permanent and officiating Judges provided?

Section 11(3) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 12 of the Provincial Small Cause Courts Act, 1887?

Appointment, status, and jurisdiction of the Registrar of a Court of Small Causes.

What officer may be appointed to a Court of Small Causes under Section 12(1)?

A Registrar of the Court.

Under which provision is the appointment of a Registrar provided?

Section 12(1) of the Provincial Small Cause Courts Act, 1887.

What is the position of the Registrar in a Court of Small Causes?

The chief ministerial officer of the Court.

Under which provision is the Registrar designated as the chief ministerial officer?

Section 12(2) of the Provincial Small Cause Courts Act, 1887.

Who has the power to confer judicial jurisdiction on the Registrar?

The State Government.

In what manner does the State Government confer jurisdiction on the Registrar?

By an order in writing.

Within what territorial limits may the Registrar exercise the jurisdiction conferred on him?

Within the local limits of the jurisdiction of the Court.

What type of jurisdiction may be conferred upon the Registrar under Section 12(3)?

The jurisdiction of a Judge of a Court of Small Causes.

What is the pecuniary limit of suits triable by the Registrar under Section 12(3)?

Suits whose value does not exceed twenty rupees.

Who directs which suits shall be tried by the Registrar?

The Judge of the Court.

In what manner may the Judge assign suits to the Registrar?

By general or special order.

Which suits may the Registrar try under Section 12(4)?

Such suits cognizable by him as the Judge directs.

What is the subject matter of Section 13 of the Provincial Small Cause Courts Act, 1887?

Other ministerial officers.

What is the present status of Section 13 of the Provincial Small Cause Courts Act, 1887?

It has been repealed.

By which authority/order was Section 13 of the Provincial Small Cause Courts Act, 1887 repealed?

The Adaptation of Orders, 1937 (A.O. 1937).

What is the subject matter of Section 14 of the Provincial Small Cause Courts Act, 1887?

Duties of ministerial officers of a Court of Small Causes.

Who are required to discharge ministerial duties under Section 14 of the Act?

The ministerial officers of a Court of Small Causes.

What duties must ministerial officers perform under Section 14(1)?

Duties mentioned in this Act, in other enactments in force, and such ministerial duties as directed by the Judge.

Can the Judge assign additional duties to ministerial officers of the Court?

Yes, the Judge may direct them to discharge duties of a ministerial nature.

Do ministerial officers perform duties only under this Act?

No, they also perform duties imposed by other enactments in force.

Which authority has the power to make rules regarding the powers and duties of ministerial officers?

The High Court.

What condition must the rules made by the High Court satisfy under Section 14(2)?

They must be consistent with this Act and with any other enactment in force.

What powers does the High Court have regarding ministerial officers under Section 14(2)?

To confer and impose powers and duties on ministerial officers.

What else may the High Court regulate through rules under Section 14(2)?

The mode in which the conferred powers and duties are to be exercised and performed.

CHAPTER-III

JURISDICTION OF COURTS OF SMALL CAUSES

What is the subject matter of Section 15 of the Provincial Small Cause Courts Act, 1887?

Cognizance of suits by Courts of Small Causes.

Which suits cannot be taken cognizance of by a Court of Small Causes?

Suits specified in the Second Schedule as excepted from its cognizance.

Under which provision are certain suits excluded from the cognizance of Courts of Small Causes?

Section 15(1) of the Provincial Small Cause Courts Act, 1887.

Which schedule lists the suits excepted from the cognizance of Courts of Small Causes?

The Second Schedule of the Act.

What is the general pecuniary jurisdiction of a Court of Small Causes under Section 15(2)?

Suits of a civil nature whose value does not exceed five hundred rupees.

What type of suits are generally cognizable by a Court of Small Causes under Section 15(2)?

Suits of a civil nature within the prescribed pecuniary limit.

To what conditions is the jurisdiction under Section 15(2) subject?

Exceptions in the Second Schedule and provisions of any law in force.

Can the pecuniary jurisdiction of a Court of Small Causes be increased by the State Government?

Yes, by an order in writing.

Up to what amount can the State Government extend the pecuniary jurisdiction of a Court of Small Causes?

Up to suits of a civil nature whose value does not exceed one thousand rupees.

Under which provision can the State Government extend the pecuniary jurisdiction to one thousand rupees?

Section 15(3) of the Provincial Small Cause Courts Act, 1887.

To which Courts can the enhanced pecuniary jurisdiction under Section 15(3) apply?

Such Courts of Small Causes as may be specified in the order of the State Government.

STATE AMENDMENT

What is the subject matter of the Uttar Pradesh Amendment to Section 15 of the Provincial Small Cause Courts Act, 1887 made by U.P. Act 14 of 2015?

Enhancement of pecuniary jurisdiction of Courts of Small Causes in Uttar Pradesh.

Which Act amended Section 15 of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh in 2015?

Uttar Pradesh Act 14 of 2015.

Under which provision was Section 15 amended by Uttar Pradesh Act 14 of 2015?

Section 4 of Uttar Pradesh Act 14 of 2015.

What change was made in Section 15(2) by the Uttar Pradesh Amendment of 2015?

The words “five thousand rupees” were substituted with “twenty five thousand rupees”.

What is the pecuniary jurisdiction of Courts of Small Causes under Section 15(2) in Uttar Pradesh after the 2015 amendment?

Suits of a civil nature not exceeding twenty five thousand rupees.

What change was made in the proviso to Section 15(2) by the Uttar Pradesh Amendment of 2015?

The words “twenty five thousand rupees” were substituted with “one lakh rupees”.

What is the pecuniary limit under the proviso to Section 15(2) in Uttar Pradesh after the 2015 amendment?

One lakh rupees.

What is the subject matter of the Uttar Pradesh Amendment to Section 15 of the Provincial Small Cause Courts Act, 1887 made by U.P. Act 57 of 1976?

Enhancement of pecuniary jurisdiction of Courts of Small Causes in Uttar Pradesh.

Which Act amended Section 15 of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh in 1976?

Uttar Pradesh Act 57 of 1976.

Under which provision was Section 15 amended by Uttar Pradesh Act 57 of 1976?

Section 29 of Uttar Pradesh Act 57 of 1976.

What change was made in Section 15(2) by the Uttar Pradesh Amendment of 1976?

The words “one thousand rupees” were substituted with “two thousand rupees”.

What pecuniary jurisdiction was fixed under Section 15(2) in Uttar Pradesh after the 1976 amendment?

Suits of a civil nature not exceeding two thousand rupees.

What change was made in Section 15(3) by the Uttar Pradesh Amendment of 1976?

The words “two thousand rupees” were substituted with “three thousand rupees”.

What pecuniary limit could the State Government extend under Section 15(3) after the 1976 amendment in Uttar Pradesh?

Suits of a civil nature not exceeding three thousand rupees.

Was the proviso to Section 15(3) also amended by the Uttar Pradesh Act 57 of 1976?

Yes, the pecuniary limit was increased from two thousand rupees to three thousand rupees.

What is the subject matter of the Uttar Pradesh Amendment to Section 15 of the Provincial Small Cause Courts Act, 1887 made by U.P. Act 14 of 1970?

Substitution of sub-sections (2) and (3) relating to pecuniary jurisdiction of Courts of Small Causes in Uttar Pradesh.

Which Act amended Section 15 of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh in 1970?

Uttar Pradesh Act 14 of 1970.

Under which provision was Section 15 amended by Uttar Pradesh Act 14 of 1970?

Section 5 of Uttar Pradesh Act 14 of 1970.

What change was made to Section 15 by the Uttar Pradesh Amendment of 1970?

Sub-sections (2) and (3) were substituted.

What pecuniary jurisdiction was prescribed under substituted Section 15(2) in Uttar Pradesh after the 1970 amendment?

Suits of a civil nature not exceeding one thousand rupees.

What power was given to the State Government under substituted Section 15(3) after the 1970 amendment?

To direct that suits of a civil nature not exceeding two thousand rupees shall be cognizable by specified Courts of Small Causes.

In what manner could the State Government extend jurisdiction under Section 15(3) after the 1970 amendment?

By an order in writing.

What is the subject matter of the Uttar Pradesh Amendment to Section 15 of the Provincial Small Cause Courts Act, 1887 made by U.P. Act 37 of 1972?

Insertion of a proviso in Section 15(3) relating to pecuniary jurisdiction in certain landlord-tenant suits.

Which Act inserted a proviso in Section 15(3) of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh?

Uttar Pradesh Act 37 of 1972.

Under which provision was the amendment made by Uttar Pradesh Act 37 of 1972?

Section 2 of Uttar Pradesh Act 37 of 1972.

What type of suits are covered by the proviso inserted in Section 15(3) by the Uttar Pradesh Amendment of 1972?

Suits by a lessor for eviction of a lessee from a building after determination of lease.

Does the proviso inserted by the 1972 amendment also apply to recovery of rent?

Yes, it applies to recovery of rent for the period of occupation during the continuance of the lease.

Does the proviso apply to compensation for use and occupation after termination of lease?

Yes, it applies to compensation for use and occupation after determination of the lease.

How is the pecuniary reference of “two thousand rupees” construed for such landlord-tenant suits under the 1972 amendment?

It is construed as a reference to five thousand rupees.

What meaning is given to the term “building” under the Explanation to the proviso inserted in 1972?

It has the same meaning as in Article (4) of the Second Schedule.

What is the subject matter of Section 16 of the Provincial Small Cause Courts Act, 1887?

Exclusive jurisdiction of Courts of Small Causes.

What is the general rule regarding jurisdiction under Section 16 of the Act?

Suits cognizable by a Court of Small Causes shall not be tried by any other Court within the same local jurisdiction.

What type of suits fall under the exclusive jurisdiction of a Court of Small Causes?

Suits cognizable by a Court of Small Causes under the Act.

Which courts are barred from trying suits cognizable by a Court of Small Causes?

Any other Court having jurisdiction within the same local limits.

What is the territorial basis for the bar on jurisdiction under Section 16?

The local limits of the jurisdiction of the Court of Small Causes.

Is the exclusive jurisdiction of Courts of Small Causes absolute?

No, it is subject to express provisions of this Act or any other law in force.

Under which provision is the exclusive jurisdiction of Courts of Small Causes provided?

Section 16 of the Provincial Small Cause Courts Act, 1887.

CHAPTER-IV

PRACTICE AND PROCEDURE

What is the subject matter of Section 17 of the Provincial Small Cause Courts Act, 1887?

Application of the Code of Civil Procedure to Courts of Small Causes.

Which procedural law is generally followed by Courts of Small Causes?

The Code of Civil Procedure, 1908.

Under which provision is the procedure of the Code of Civil Procedure made applicable to Courts of Small Causes?

Section 17(1) of the Provincial Small Cause Courts Act, 1887.

Is the application of the Code of Civil Procedure to Courts of Small Causes absolute?

No, it applies except where otherwise provided by the Code or by this Act.

To which matters does the procedure of the Code of Civil Procedure apply in Courts of Small Causes?

All suits cognizable by the Court and all proceedings arising out of such suits.

What must an applicant do when applying to set aside an ex parte decree in a Court of Small Causes?

Deposit the amount due under the decree or furnish security as directed by the Court.

Does the same requirement apply to an application for review of judgment?

Yes, the applicant must deposit the decretal amount or furnish security.

When must the applicant deposit the decretal amount or furnish security under Section 17(1)?

At the time of presenting the application.

What alternative to depositing the decretal amount is provided under the proviso to Section 17(1)?

Giving security for performance of the decree or compliance with the judgment as directed by the Court.

How is the security furnished under the proviso to Section 17(1) determined?

As directed by the Court on a previous application made by the applicant.

Which provision of the Code of Civil Procedure governs the realization of security given under Section 17?

Section 145 of the Code of Civil Procedure, 1908.

When can the security be realized under Section 17(2)?

When a person has become liable as surety under the proviso to Section 17(1).

What is the subject matter of Section 18 of the Provincial Small Cause Courts Act, 1887?

Trial of suits by the Registrar.

Which suits are to be tried by the Registrar under Section 18(1)?

Suits cognizable by the Registrar under Section 12(3) and 12(4).

How are suits tried by the Registrar under Section 18(1)?

In the same manner as the Judge would try them.

Who executes the decrees passed in suits tried by the Registrar?

The Registrar himself.

How are decrees executed by the Registrar under Section 18(1)?

In the same manner as the Judge would execute the decrees.

Under which provision are suits tried and decrees executed by the Registrar like those by the Judge?

Section 18(1) of the Provincial Small Cause Courts Act, 1887.

Can the Judge transfer a suit pending before the Registrar?

Yes, the Judge may transfer such suit or proceeding.

To whose file may the Judge transfer a suit pending before the Registrar?

To his own file or to the file of the Additional Judge.

Under which provision can the Judge transfer suits from the Registrar's file?

Section 18(2) of the Provincial Small Cause Courts Act, 1887.

What type of matters can be transferred from the Registrar's file by the Judge?

Any suit or other proceeding pending on the file of the Registrar.

What is the subject matter of Section 19 of the Provincial Small Cause Courts Act, 1887?

Admission, return and rejection of plaints by the Registrar.

When can the Registrar admit, return or reject a plaint under Section 19(1)?

When the Judge is absent and no Additional Judge has been appointed or the Additional Judge is also absent.

What powers does the Registrar exercise regarding plaints under Section 19(1)?

The power to admit, return or reject a plaint.

For what reasons may the Registrar return or reject a plaint?

For any reason for which the Judge might return or reject it.

Under which circumstances does the Registrar exercise the powers relating to plaints?

In the absence of both the Judge and the Additional Judge.

Can the Judge review the action taken by the Registrar regarding a plaint?

Yes, the Judge may review it on his own motion or on the application of a party.

What powers does the Judge have regarding a plaint admitted by the Registrar?

The Judge may return or reject the plaint.

What powers does the Judge have regarding a plaint returned or rejected by the Registrar?

The Judge may admit the plaint.

Under which provision can the Judge intervene in decisions of the Registrar regarding plaints?

Section 19(2) of the Provincial Small Cause Courts Act, 1887.

When must a party apply to the Judge for return, rejection or admission of a plaint decided by the Registrar?

At the first sitting of the Judge after the Registrar’s action.

What happens if the application is not made at the first sitting of the Judge?

The Judge shall dismiss the application.

Under what condition may the Judge entertain a delayed application regarding a plaint?

If the applicant shows sufficient cause for not making the application at the first sitting.

What is the subject matter of Section 20 of the Provincial Small Cause Courts Act, 1887?

Passing of decrees by Registrar on confession.

When may the Registrar pass a decree on confession under Section 20(1)?

When the defendant admits the plaintiff’s claim before the date fixed for hearing.

Before whom must the defendant or his agent appear to admit the plaintiff’s claim?

Before the Registrar.

Can the defendant’s agent admit the plaintiff’s claim?

Yes, if the agent is duly authorised.

What is the time limit for admission of the plaintiff’s claim under Section 20(1)?

Before the date appointed for the hearing of the suit.

Under what circumstances can the Registrar pass a decree on confession?

When the Judge is absent and no Additional Judge has been appointed or the Additional Judge is also absent.

Against whom is the decree passed by the Registrar on admission?

Against the defendant.

What is the legal effect of a decree passed by the Registrar on confession?

It has the same effect as a decree passed by the Judge.

Under which provision is the Registrar empowered to pass a decree on confession?

Section 20(1) of the Provincial Small Cause Courts Act, 1887.

Can the Judge review a decree passed by the Registrar under Section 20(1)?

Yes, the Judge may grant an application for review of judgment.

What power does the Judge exercise after granting review of a decree passed by the Registrar?

The Judge may re-hear the suit.

Under what conditions can the Judge review and rehear a suit decided by the Registrar?

On the same conditions, grounds, and manner as if the decree had been passed by the Judge himself.

Under which provision is the Judge empowered to review such decree?

Section 20(2) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 21 of the Provincial Small Cause Courts Act, 1887?

Execution of decrees by Registrar.

When can the Registrar exercise powers relating to execution of decrees under Section 21(1)?

When the Judge is absent and no Additional Judge has been appointed or the Additional Judge is also absent.

What authority does the Registrar have regarding execution proceedings under Section 21(1)?

He may make orders on applications for execution of decrees and orders of the Court.

Which decrees or orders may the Registrar execute under Section 21(1)?

Decrees or orders made by the Court or sent to that Court for execution.

Under whose instructions must the Registrar act while dealing with execution matters?

Under instructions of the Judge or, for decrees of an Additional Judge, under instructions of the Additional Judge.

What powers does the Registrar exercise in execution matters under Section 21(1)?

The same powers which the Judge might exercise under the Act.

Can the Judge review an order made by the Registrar in execution proceedings?

Yes, the Judge may reverse or modify such order.

Can the Additional Judge also review the Registrar’s order under Section 21(2)?

Yes, if the decree or order was made by the Additional Judge himself.

Within what time must a party apply for reversal or modification of the Registrar’s execution order?

Within fifteen days from the date of the Registrar’s order or execution of process issued under it.

Can the Judge or Additional Judge act without an application to review the Registrar’s order?

Yes, they may act on their own motion.

Under which provision can the Judge or Additional Judge reverse or modify the Registrar’s order?

Section 21(2) of the Provincial Small Cause Courts Act, 1887.

How is the fifteen-day limitation period calculated for such applications?

According to the provisions of the Indian Limitation Act, 1877.

For what purpose is the limitation period calculated under the Indian Limitation Act, 1877?

As if the application were an application for review of judgment.

What is the subject matter of Section 22 of the Provincial Small Cause Courts Act, 1887?

Adjournment of cases by the chief ministerial officer.

Who may adjourn cases under Section 22 of the Act?

The Registrar or other chief ministerial officer of the Court.

Under what circumstances can the Registrar or chief ministerial officer adjourn cases?

When the Judge is absent and no Additional Judge has been appointed or the Additional Judge is also absent.

What power of the Court may the Registrar or chief ministerial officer exercise under Section 22?

The power to adjourn the hearing of any suit or other proceeding.

What additional action may the Registrar or chief ministerial officer take after adjourning a case?

Fix a day for the further hearing of the suit or proceeding.

Which types of matters may be adjourned under Section 22?

Any suit or other proceeding before the Court of Small Causes.

Under which provision is the power of adjournment by the chief ministerial officer provided?

Section 22 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 23 of the Provincial Small Cause Courts Act, 1887?

Return of plaints in suits involving questions of title.

When may a Court of Small Causes return a plaint under Section 23(1)?

When the plaintiff’s right and relief depend upon proof or disproof of a title which the Court cannot finally determine.

What type of title issues may require return of the plaint under Section 23(1)?

Title to immovable property or any other title which the Court of Small Causes cannot finally determine.

At what stage of the proceedings may the Court return the plaint under Section 23(1)?

At any stage of the proceedings.

To which court must the plaint be presented after being returned under Section 23(1)?

A court having jurisdiction to determine the title.

Does Section 23 operate notwithstanding other provisions of the Act?

Yes, it operates notwithstanding anything in the foregoing portion of the Act.

What must the Court comply with when returning a plaint under Section 23(2)?

The provisions of the second paragraph of Section 57 of the Code of Civil Procedure, 1882.

Can the Court make an order regarding costs when returning a plaint under Section 23?

Yes, the Court may make such order regarding costs as it deems just.

For the purpose of limitation, how is the Court treated when it returns a plaint under Section 23?

The Court is deemed unable to entertain the suit due to a cause similar to defect of jurisdiction.

Which Limitation law applies to the returned plaint under Section 23(2)?

The Indian Limitation Act, 1877.

What is the subject matter of Section 24 of the Provincial Small Cause Courts Act, 1887?

Appeal from certain orders of Courts of Small Causes.

From which orders of a Court of Small Causes does an appeal lie under Section 24?

Orders specified in clause (ff) or clause (h) of sub-section (1) of Section 104 of the Code of Civil Procedure, 1908.

To which court does an appeal lie from such orders of a Court of Small Causes?

The District Court.

Under which provision of the Code of Civil Procedure are the appealable orders referred to in Section 24 specified?

Section 104(1) of the Code of Civil Procedure, 1908.

Under which clauses of Section 104(1) CPC are the orders mentioned in Section 24?

Clause (ff) and clause (h).

On what grounds can an appeal be filed under Section 24 of the Act?

On any ground on which an appeal from such order would lie under Section 104 of the Code of Civil Procedure, 1908.

Under which provision is the appeal from certain orders of Courts of Small Causes provided?

Section 24 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 25 of the Provincial Small Cause Courts Act, 1887?

Revision of decrees and orders of Courts of Small Causes.

Which authority has the power of revision under Section 25 of the Act?

The High Court.

For what purpose may the High Court exercise revisional jurisdiction under Section 25?

To satisfy itself that a decree or order made by a Court of Small Causes was according to law.

What action may the High Court take while exercising revisional jurisdiction under Section 25?

It may call for the case.

What powers does the High Court have after calling for the case under Section 25?

It may pass such order as it thinks fit.

Which decisions of the Court of Small Causes can be revised by the High Court under Section 25?

Any decree or order made in a case decided by a Court of Small Causes.

Under which provision is the revisional power of the High Court provided?

Section 25 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of the Uttar Pradesh Amendment to Section 25 of the Provincial Small Cause Courts Act, 1887 made by U.P. Act 37 of 1972?

Insertion of a proviso regarding revisional jurisdiction in cases decided by District Judge or Additional District Judge exercising Small Cause Court jurisdiction.

Which Act amended Section 25 of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh in 1972?

Uttar Pradesh Act 37 of 1972.

Under which provision was Section 25 amended by Uttar Pradesh Act 37 of 1972?

Section 3 of Uttar Pradesh Act 37 of 1972.

What proviso was inserted in Section 25 by the Uttar Pradesh Amendment of 1972?

In cases decided by a District Judge or Additional District Judge exercising the jurisdiction of Judge of Small Causes, revisional power shall vest in the High Court.

In relation to which cases does the High Court exercise revisional power under the inserted proviso to Section 25?

Cases decided by a District Judge or Additional District Judge exercising Small Cause Court jurisdiction.

What is the subject matter of the Haryana Amendment to Section 25 of the Provincial Small Cause Courts Act, 1887?

Substitution of Section 25 relating to revisional jurisdiction over decrees and orders of Courts of Small Causes.

Which Act substituted Section 25 of the Provincial Small Cause Courts Act, 1887 in Haryana?

Haryana Act 27 of 1977.

Under which provision was Section 25 substituted by Haryana Act 27 of 1977?

Section 2 of Haryana Act 27 of 1977.

Who exercises revisional jurisdiction over decrees and orders of Courts of Small Causes under the Haryana Amendment?

The District Judge.

For what purpose may the District Judge exercise revision under the Haryana Amendment?

To satisfy himself that a decree or order made by a Court of Small Causes was according to law.

Can the District Judge exercise revisional jurisdiction suo motu under the Haryana Amendment?

Yes, the District Judge may act on his own motion.

Can an aggrieved party apply for revision under the Haryana Amendment?

Yes, an aggrieved party may apply for revision.

What is the limitation period for filing a revision application under the Haryana Amendment?

Thirty days from the date of the decree or order.

What power does the District Judge have after calling for the case under the Haryana Amendment?

He may pass such order as he thinks fit.

What happens to revisions pending in the High Court under the Haryana Amendment?

They stand transferred to the District Judge exercising ordinary territorial jurisdiction.

What is the subject matter of Section 26 of the Provincial Small Cause Courts Act, 1887?

Amendment of the Second Schedule to the Code of Civil Procedure.

What is the present status of Section 26 of the Provincial Small Cause Courts Act, 1887?

It has been repealed.

By which Act was Section 26 of the Provincial Small Cause Courts Act, 1887 repealed?

The Presidency Small Cause Courts Law Amendment Act, 1888 (Act 10 of 1888).

Under which provision of the Presidency Small Cause Courts Law Amendment Act, 1888 was Section 26 repealed?

Section 4 of the Presidency Small Cause Courts Law Amendment Act, 1888

What is the subject matter of Section 27 of the Provincial Small Cause Courts Act, 1887?

Finality of decrees and orders of Courts of Small Causes.

What is the general rule regarding decrees and orders passed by Courts of Small Causes under Section 27?

They shall be final.

Is the finality of decrees and orders of Courts of Small Causes absolute?

No, it is subject to the provisions of this Act.

Which decrees or orders attain finality under Section 27?

Decrees or orders made under the foregoing provisions of the Act by a Court of Small Causes.

Under which provision is the finality of decrees and orders of Courts of Small Causes declared?

Section 27 of the Provincial Small Cause Courts Act, 1887.

CHAPTER-V

SUPPLEMENTAL PROVISIONS

What is the subject matter of Section 28 of the Provincial Small Cause Courts Act, 1887?

Subordination of Courts of Small Causes.

To whose administrative control is a Court of Small Causes subject?

The District Court.

To whose superintendence is a Court of Small Causes subject?

The High Court.

Under which provision is the administrative control of the District Court over Courts of Small Causes provided?

Section 28(1) of the Provincial Small Cause Courts Act, 1887.

What registers, books and accounts must a Court of Small Causes maintain?

Such registers, books and accounts as prescribed by the High Court.

Who prescribes the registers, books and accounts to be maintained by Courts of Small Causes?

The High Court.

Which authorities may require records, returns or statements from a Court of Small Causes?

The District Court, the High Court or the State Government.

In what manner must the Court comply with requisitions for records, returns or statements?

In such form and manner as directed by the authority making the requisition.

What is the nature of the relationship between the District Court and a Court of Small Causes regarding administrative control?

It is the same as the relationship between the District Court and a Civil Court of the lowest grade competent to try certain suits.

What is the pecuniary value mentioned for determining the comparable Civil Court under Section 28(2)?

Five thousand rupees.

Under which provision is the relationship between the District Court and Courts of Small Causes explained?

Section 28(2) of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 29 of the Provincial Small Cause Courts Act, 1887?

Seal of a Court of Small Causes.

What must a Court of Small Causes use under Section 29 of the Act?

A seal.

Who prescribes the form and dimensions of the seal of a Court of Small Causes?

The State Government.

Under which provision is the use of seal by Courts of Small Causes prescribed?

Section 29 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 30 of the Provincial Small Cause Courts Act, 1887?

Abolition of Courts of Small Causes.

Who has the power to abolish a Court of Small Causes under Section 30?

The State Government.

In what manner can a Court of Small Causes be abolished under Section 30?

By an order in writing.

Under which provision is the power to abolish a Court of Small Causes provided?

Section 30 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 31 of the Provincial Small Cause Courts Act, 1887?

Saving of power to appoint Judge of Court of Small Causes to other offices.

What does Section 31(1) clarify regarding appointment of Judges of Courts of Small Causes?

It saves the power to appoint such Judges to other offices.

Can a Judge or Additional Judge of a Court of Small Causes be appointed as a Judge of another Civil Court?

Yes.

Can a Judge or Additional Judge of a Court of Small Causes be appointed as a Magistrate?

Yes, as a Magistrate of any class.

Can a Judge or Additional Judge of a Court of Small Causes hold any other public office?

Yes, nothing in the Act prevents such appointment.

Under which provision is the saving of such appointments provided?

Section 31(1) of the Provincial Small Cause Courts Act, 1887.

What happens to the ministerial officers when the Judge holds another office under Section 31(2)?

They are deemed to be ministerial officers appointed to aid him in the discharge of duties of the other office.

Are the ministerial officers automatically assigned to assist in the other office held by the Judge?

Yes, subject to rules made by the State Government.

Who may make rules regarding the assistance of ministerial officers under Section 31(2)?

The State Government.

What is the subject matter of Section 32 of the Provincial Small Cause Courts Act, 1887?

Application of the Act to Courts invested with the jurisdiction of a Court of Small Causes.

To which courts does Section 32 apply?

Courts invested by or under any law with the jurisdiction of a Court of Small Causes.

Which Chapters of the Act are made applicable under Section 32(1)?

Chapters III and IV of the Act.

Which subject relating to suits is covered under Section 32(1)(a)?

The nature of suits cognizable by Courts of Small Causes.

What jurisdictional rule is applied to such courts under Section 32(1)(b)?

Exclusion of the jurisdiction of other Courts in those suits.

What procedural aspect is applied to such courts under Section 32(1)(c)?

The practice and procedure of Courts of Small Causes.

Which appellate and revisional provisions apply to such courts under Section 32(1)(d)?

Appeal from certain orders and revision of cases decided by them.

What rule regarding decrees and orders is applied to such courts under Section 32(1)(e)?

Finality of decrees and orders subject to appeal and revision under the Act.

To what extent do these provisions apply to courts invested with Small Cause jurisdiction?

Only in respect of the exercise of that jurisdiction.

Does Section 32(1) apply to suits instituted before the court was invested with Small Cause jurisdiction?

No.

What proceedings are excluded from the application of Section 32(1) under Section 32(2)?

Suits or proceedings instituted before the court was invested with Small Cause jurisdiction.

Under which provision is the application of the Act to courts invested with Small Cause jurisdiction provided?

Section 32 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 33 of the Provincial Small Cause Courts Act, 1887?

Application of the Act and the Code to Courts invested with Small Cause jurisdiction as two separate courts.

How is a Court invested with the jurisdiction of a Court of Small Causes treated under Section 33?

It is deemed to be a different court for different jurisdictions.

In what two capacities is such a Court treated as separate under Section 33?

When exercising Small Cause jurisdiction and when exercising ordinary civil jurisdiction.

For what purposes are these two jurisdictions treated as different courts?

For the purposes of this Act and the Code of Civil Procedure.

Which Code is referred to in Section 33 regarding the procedural law?

The Code of Civil Procedure, 1882.

What type of suits fall under the ordinary civil jurisdiction mentioned in Section 33?

Suits of a civil nature not cognizable by a Court of Small Causes.

Under which provision is a Court deemed to function as two separate courts for different jurisdictions?

Section 33 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 34 of the Provincial Small Cause Courts Act, 1887?

Modification of the Code of Civil Procedure when applied to Courts invested with Small Cause jurisdiction.

Does Section 34 operate notwithstanding the provisions of Sections 32 and 33?

Yes, it operates notwithstanding the last two foregoing sections.

What situation is covered under Section 34(a) of the Act?

When a Court exercising Small Cause jurisdiction sends a decree for execution to itself as a Court exercising ordinary civil jurisdiction.

What situation is covered under Section 34(b) of the Act?

When a Court exercising ordinary civil jurisdiction sends a decree for execution to itself as a Court exercising Small Cause jurisdiction.

Which provision of the Code of Civil Procedure is referred to regarding documents accompanying a decree?

Section 224 of the Code of Civil Procedure, 1882.

Are the documents mentioned in Section 224 CPC required to be sent with the decree in such cases?

No, they are not required to be sent.

Under what condition may the documents mentioned in Section 224 CPC be sent with the decree?

When the Court requires them by an order in writing.

Under which provision is the modification regarding transmission of documents in execution provided?

Section 34 of the Provincial Small Cause Courts Act, 1887.

What is the subject matter of Section 35 of the Provincial Small Cause Courts Act, 1887?

Continuance of proceedings of abolished Courts.

When does Section 35 apply?

When a Court of Small Causes or a Court invested with such jurisdiction ceases to have jurisdiction over a case.

What happens to proceedings when a Court of Small Causes ceases to have jurisdiction over a case?

The proceedings may continue in the Court which would have jurisdiction to try the suit if it were instituted at that time.

Does Section 35 apply to proceedings before as well as after decree?

Yes, it applies to proceedings both before and after decree.

Which Court will continue the proceedings after the original Court ceases to have jurisdiction?

The Court which would have jurisdiction to try the suit if it were newly instituted.

Under which provision is the continuance of proceedings after cessation of jurisdiction provided?

Section 35(1) of the Provincial Small Cause Courts Act, 1887.

Are there any exceptions to the application of Section 35?

Yes, where special provision is made in the Code of Civil Procedure or any other law in force.

Which procedural law is specifically mentioned as an exception under Section 35(2)?

The Code of Civil Procedure, 1882 as extended to Courts of Small Causes.

What is the subject matter of Section 36 of the Provincial Small Cause Courts Act, 1887?

Amendment of the Indian Limitation Act.

What is the present status of Section 36 of the Provincial Small Cause Courts Act, 1887?

It has been repealed.

By which Act was Section 36 of the Provincial Small Cause Courts Act, 1887 repealed?

The Indian Limitation Act, 1908 (Act 9 of 1908).

Under which provision of the Indian Limitation Act, 1908 was Section 36 repealed?

Section 32 and the Third Schedule of the Indian Limitation Act, 1908.

What is the subject matter of Section 37 of the Provincial Small Cause Courts Act, 1887?

Publication of certain orders.

Which orders are required to be published under Section 37 of the Act?

All orders required by the Act to be made in writing by the State Government.

Where must such orders be published?

In the Official Gazette.

Under which provision is the requirement of publication of such orders provided?

Section 37 of the Provincial Small Cause Courts Act, 1887.