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Provincial Small Cause Courts Act One Liner Notes
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The Provincial Small Cause Courts Act, 1887. | |
| 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. |
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