1. Provincial Small Cause Courts.—

The provisions hereinafter specified shall not extend to Court constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) ¹[or under the Berar Small Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes ²[under the said Act or Law] ³[or to Courts in ⁴[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say—

(a) so much of this Schedule as relates to—

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;

(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;

(iii) the settlement of issues; and

(b) the following rules and orders:—

Order II, rule 1 (frame of suit);

Order X, rule 3 (record of examination of parties);

Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;

Order XVIII, rule 5 to 12 (evidence);

Order XLI, to XLV (appeals);

Order XLVII, rules 2, 3, 5, 6, 7 (review);

Order LI.

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(1. Ins. by Act 4 of 1941, s. 2, and the Third Sch.)

(2. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”.)

(3. Ins. by Act 2 of 1951, s. 18.)

(4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.)

STATE AMENDMENT

Uttar Pradesh

Amendment of the First Schedule.—

In the First Schedule to the said Code, in the Order L, in rule 1, in clause (b) for the words and figures “Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment”, the words as figures “Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment and rule 5” shall be substituted.

[Vide Uttar Pradesh Act 19 of 1973, s. 3]

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